Results 1 to 7 of 7
  1. #1

    Default Advise on How to Answer Background Check Question

    I have a question about how one should answer the criminal history question on a job application after criminal history has been updated.

    When I applied for the job, I had to answer yes to the felony question. It was for theft and did one year deferred adjudication. In the box below it ask for a simple explanation so gave an explanation of what happened. The offense was at least 4 years old at the time and didn't seem to be a problem since I was hired. I have no other criminal charges other than this one. I stayed at that job for about 7 years and then resigned because I moved to a different city.

    Now I have moved back and am going to apply with the same company. Recently my lawyer said I could update my criminal history so that it looks/sounds much better on a background check. He said that instead of giving an explanation of what happened, I can simply state what the update says which is something like "Arrested at such&such date, No conviction. plead not guilty, case dismissed.

    I am sure my former employer has my explanation from the first application.

    Is it a good idea to answer the question with the updated criminal history like my lawyer stated?

  2. #2
    Join Date
    Mar 2013
    Posts
    16,954

    Default Re: Advise on How to Answer Background Check Question

    Quote Quoting Not and expert
    View Post

    I am sure my former employer has my explanation from the first application.
    Then you answer with the same explanation you gave the first time, indicating you were hired back then in spite of the record and that now it's ___ years in the distant past.

    Quote Quoting Not and expert
    View Post

    Is it a good idea to answer the question with the updated criminal history like my lawyer stated?
    No. You can do that with other prospective employers (if that's all they will see on your record) but not with your former employer who might think twice about rehiring you if you appear to be less than truthful when he compares your current statement to the previous statement.

  3. #3
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,919

    Default Re: Advise on How to Answer Background Check Question

    Sounds like your lawyer is telling you to lie (there was a conviction, the case wasn't dismissed) and it is never wise to lie on an employment application. One of the first things your-hopefully-new-again-employer is going to do is look at your initial application, and if you've said something different on your second application...well then the employer is going to just pass on by your application, due to your change in story.

    I recommend you tell the truth on the application, and in the comments section, refer to your previous application and the fact you worked for them for about seven years without a problem.

    Just curious, if it's been 11 years since you've committed a felony, why do you still have a criminal attorney around to consult with?

  4. #4

    Default Re: Advise on How to Answer Background Check Question

    I agree, it would seem like lying to change the answer to the question. I don't have a personal criminal attorney around, but have some friends who are and know of the situation. I was advised by one of them to update my record because a new a law allowed for old offenses to be updated for the purpose of not sounding as bad on an application. He said that it was not an expungement, over-turned conviction or anything like that and that whoever views the answer will know that I really didn't plead not guilty and case dismissed, but however I can still answer the question that way legally if I want to.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Advise on How to Answer Background Check Question

    Quote Quoting eerelations
    View Post
    Sounds like your lawyer is telling you to lie (there was a conviction, the case wasn't dismissed) and it is never wise to lie on an employment application. One of the first things your-hopefully-new-again-employer is going to do is look at your initial application, and if you've said something different on your second application...well then the employer is going to just pass on by your application, due to your change in story.

    I recommend you tell the truth on the application, and in the comments section, refer to your previous application and the fact you worked for them for about seven years without a problem.

    Just curious, if it's been 11 years since you've committed a felony, why do you still have a criminal attorney around to consult with?
    because I don’t know the specifics actions involving the op I can’t speak to his particular case but if a deferred adjudication is completed, yes, a person is deemed to have not been convicted and the case is dismissed in many states. (Op didn’t provide his) (Some states listit as: dismissed in the furtherance of justice, on the court records)



    i have a bit of a concern about stating one did not plead guilty though. Often times it is a requirement the offender plead guilty to be eligible for the deferred adjudication. Since the case is eventually dismissed it is not considered a guilty plea but you may be required to actually enter such a plea to start the deferred adjudication process. Again, I don’t know what state the op is in or what crime was involved (some states have specific actions for a given crime with specific requirements)

    so, while there wouldn’t be a guilt plea on his records, in the actual sense, stating you didn’t plead guilty could be a lie

  6. #6

    Default Re: Advise on How to Answer Background Check Question

    I am trying to find the actual documents to compare what the original said vs the updated one. The brief sentence that I was advised to give says: I do not have a conviction. Disposition: plead not guilty. Cased dismissed.

  7. #7
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,919

    Default Re: Advise on How to Answer Background Check Question

    Quote Quoting Not and expert
    View Post
    I agree, it would seem like lying to change the answer to the question. I don't have a personal criminal attorney around, but have some friends who are and know of the situation. I was advised by one of them to update my record because a new a law allowed for old offenses to be updated for the purpose of not sounding as bad on an application. He said that it was not an expungement, over-turned conviction or anything like that and that whoever views the answer will know that I really didn't plead not guilty and case dismissed, but however I can still answer the question that way legally if I want to.
    So this person who advised you to lie is not in fact a lawyer?

    1. Sponsored Links
       

Similar Threads

  1. Background Checks: Background Check Question About Out-Of-State Convictions
    By anarchydivine in forum Employment and Labor
    Replies: 4
    Last Post: 07-03-2012, 08:42 PM
  2. Replies: 24
    Last Post: 09-28-2008, 10:08 PM
  3. Theft and Larceny: Can Someone Please Answer Dog Question
    By marylem59 in forum Criminal Charges
    Replies: 1
    Last Post: 04-20-2008, 06:50 PM
  4. Assault & Battery: How Do I Answer Employment Question?
    By AngelicOne in forum Criminal Charges
    Replies: 1
    Last Post: 02-28-2008, 08:29 PM
 
 
Sponsored Links

Legal Help, Information and Resources