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I had a felony arrest and probation, which recently ended,

Customer Question
Hello. I had...

Hello. I had a felony arrest and probation, which recently ended, and the case was dismissed. I'm currently waiting to find our if they approved for application for sealing the record. In the meantime, I am applying for jobs. Can I legally answer "no" to the arrest/conviction question when my background check says "dismissed?.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, full time

Submitted: 6 months ago.Category: Employment Law
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Answered in 5 minutes by:
1/7/2018
Employment Lawyer: Zoey, JD, Lawyer replied 6 months ago
Zoey, JD
Zoey, JD, Lawyer
Category: Employment Law
Satisfied Customers: 31,301
Experience: 18+ years of NYS litigation experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Employment Lawyer: Zoey, JD, Lawyer replied 6 months ago

You can answer "no" if you are asked about the conviction if you are being hired by a private employer. You must answer "yes" as to the arrest because unless/until the matter is expunged it will show on your record. If your employer is a government employer, pay attention to the wording of the question. If it tells you that you have to report diversion or deferred dispositions such as yours, you must answer "Yes" to the conviction as well because they will be able to see it. You can then make a note that the case was dismissed.

Note that if you are applying for a government job or a professional license, nothing is ever sealed to the government, even after an expungement you. So you would answer "Yes" as to the arrest and to the conviction. Then you could note that the charge was dismissed and expunged.

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Employment Lawyer: Zoey, JD, Lawyer replied 6 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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