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Do You Have to Disclose Dismissed Charges to Employers

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  • 12-22-2010, 02:44 PM
    ThatOneGuy1
    Do You Have to Disclose Dismissed Charges to Employers
    My question involves criminal records for the state of: Arizona

    I was arrested a few years ago for underage drunk driving (Under 21 Driving with Spirituous Liquor, Violation code 4-244.33). When I showed up for the court date, I was advised to plea guilty and given a plea bargain. I had to pay a few hundred dollars in fines, have 1 session with a counselor, and attend two 8 hour defensive driving courses. All of these were completed with no problems, and officially the charges were dismissed (but not expunged).

    I have been offered a job and they are going to perform a background check, and on the job application the following question appears:

    "Have you ever been convicted of a violation of the law in any court of competent jurisdiction? If yes, explain giving nature of offense, place, and disposition."

    Do I have to disclose the dismissed charges? Would it be wise to do so anyways since they are going to see the arrest regardless of the fact that it was dismissed?
  • 12-23-2010, 10:58 PM
    Mr. Knowitall
    Re: Do You Have to Disclose Dismissed Charges to Employers
    You seem to be describing a deferred sentence in which, after you successfully complete the probationary period, your charge is dismissed with no conviction ever being entered. If that's the case you were not convicted. I am not able to check your court file or disposition, though, so I can't be certain.
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