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  1. #1
    Join Date
    Feb 2011
    Posts
    21

    Default Disclosing Your Criminal History on a Job Application

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

    Arrested in 2000 for petit larceny misdemeanor (shoplifting). Went to court for ticket appearance, found attorney at court to represent me at appearance. Plead guilty and ordered to do a diversion program (STOPLIFT) which I completed, paid fines and charges were reduced to a violation (disorderly conduct) which is NOT a criminal conviction. Had fingerprinting/mug shot done before court appearance.

    To no avail, I cannot get a hold of attorney that represented me to help answer my questions. I know - not good on his part. I've left 3 msgs at his office and I've given up on him. So here I am now.

    Today, I'm needing to turn over job application ASAP and am being asked the following under CRIMINAL HISTORY:

    "Have you ever been convicted of or pled guilty or "nolo contende" (no contest) before any court to:
    (A) any misdemeanor
    (B) any felony
    (C) any other criminal offense"


    My instinct says that I'm to answer YES to A only. I also know that under NY penal code (N.Y. Correct. Law 750 to 754; N.Y. Exec. Law 296(16), it is unlawful for employers to ask about any arrests or charges that didn't result in conviction, unless they're currently pending.

    What's puzzling me is that on the receipt from the courthouse where the charges/court and arrest record is kept, it says handwritten, "Dis Conduct Sealed".

    How am I to answer the question above on the employer application? Pls help! Need to turn in application tomorrow by EOB.

    Thanks,
    Desperate

  2. #2
    Join Date
    Aug 2012
    Posts
    16

    Default Re: Disclosing Your Criminal History on a Job Application

    Im not sure about new york... you might want to look into this, but ALOT of states now are considered "Ban the Box" states.
    Meaning that a company CANNOT have ANY questions about your criminal history on their initial hiring application... and if they DO have those questions you do NOT have to fill them out... my suggestion is to leave the questions blank...

    Also, the only way they can even discuss your criminal history is by first running a background check on you.... calling you in for a second interview.... placing a copy of your arrest record in your hands.. AND THEN asking you about your criminal history....

    Otherwise they can be sued....

    But again... I am not an attorney.. Just had some experience with this in MA. And also I would check information on NEW YORK before taking any advice on this.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Disclosing Your Criminal History on a Job Application

    They can also potentially terminate you for lying on the application. You received a conviction for disorderly conduct it appears. I would go with that.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Disclosing Your Criminal History on a Job Application

    If you're not in a state that allows you to decline to answer, it's a safe bet that your choice to leave the spaces blank will result in your not getting the job.

  5. #5
    Join Date
    Aug 2012
    Posts
    16

    Default Re: Disclosing Your Criminal History on a Job Application

    Quote Quoting Mr. Knowitall
    View Post
    If you're not in a state that allows you to decline to answer, it's a safe bet that your choice to leave the spaces blank will result in your not getting the job.
    That is exactly why I stated to do research on the laws in New York before taking any advice.

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