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  1. #1
    Join Date
    Oct 2011

    Question Incorrect Denial of Criminal History on a Job Application

    My question involves labor and employment law for the state of: Florida

    I was just asked back for a 2nd interview for a State job (SAO). During the initial application, I just realized I mistakenly checked "no" to the background info questions regarding:
    ~Convited felony/misdemeanor?
    ~Pled Nolo Contendere/Guitly to felony/misdemeanor?
    ~Adjudication of gulit withheld for felony/misdemeanor?

    The charges were DUI and possession 24 years ago when I was 18. I havent completed a job application in years, which is why I forgot the charges were even on record.
    Convicted by Plea - Adjudication Withheld
    My lawyer at the time was supposed to have had record sealed/expunged, as I was trying to pursue a law enforcement carreer. I guess he never did. (I was reminded of the charges when a background check to coach city soccer was declined due to these charges--on public record.)
    QUESTION.....How do I best bring this to the attention of the potential employer? At the interview? Contact HR to correct? wait for them to question me about it after background check?

    I have been a nurse for 13 years and went through this when I got my license. I have never had this preclude me from a job. PLEASE ADVISE????

  2. #2

    Default Re: False Denial of Criminal History on a Job Application

    It is not clear whether your “no” constitutes a “false” response here. Generally, an “Adjudication Withheld” constitutes a “non-conviction” in which the court did not give a final judgment regarding the underlying criminal case. (Since you apparently did not re-offend, you want to have counsel move expeditiously to have this expunged from your record.) You should check with Florida criminal defense counsel to confirm that Adjudication Withheld does not constitute a guilty conviction.

    With that said, you probably want to contact your prospective employer and explain your situation as soon as possible. Since your record was not expunged, this disposition will likely pop up during the background check. You do not want to be essentially disqualified for a job because the reviewer does not appreciate the definition of Adjudication Withheld and/or the reviewer concludes you lied on the application. In addition, you were not found guilty, and this incident occurred 24 years ago.

    I think you can “spin” this situation by informing a HR representative or other company staffer you want to clarify that while you were never convicted of crime (as you truthfully indicated on the job application) you were arrested once, the charges were resolved with an adjudication withheld disposition, and you have not had any subsequent encounters with law enforcement in the ensuing 24 years.

  3. #3
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: False Denial of Criminal History on a Job Application

    Given that the question at issue related to "Adjudication of guilt withheld for felony/misdemeanor", and we were told that the outcome of the case was "Convicted by Plea - Adjudication Withheld", the answer of "no" would be false.

    Here's information on expungement.

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