Federal Application form, with sealed record - do I disclose

[Supernova12]

What is the name of your state (only U.S. law)? MA

I was arrested in the 90's for possession of a marijuana joint and the case ended up in court where I got probation (5 months) and nothing else. According to G.L. c. 94C, § 34, ¶ 3,
Section 34 provides that probation is the only permissible
sentence where:
• No prior drug conviction in Massachusetts, and
• Defendant does not object,
unless judge files a written statement of reasons for not so doing.
Upon successful completion of probation, “the case shall be
dismissed and records shall be sealed.”
Assuming that the Pokaski decision applies to such records, they
may be sealed, or remain sealed, only upon a judicial order
accompanied by specific findings that in this particular case
sealing is necessary to achieve a compelling governmental
interest that outweighs the public’s First Amendment
presumption of access.

This means to me that the record was sealed. I am applying for a Global Online Enrollment System (I travel internationally frequently and this would allow me to simply present my passport at a kiosk and not wait in line). A question in the form asks

Have you ever been convicted of a criminal offense in the United States or any other country?

Should I say yes and explain that it was possession of pot and the record is sealed, or should I say no

 

[Zigner]

What is the name of your state (only U.S. law)? MA

I was arrested in the 90's for possession of a marijuana joint and the case ended up in court where I got probation (5 months) and nothing else. According to G.L. c. 94C, § 34, ¶ 3,
Section 34 provides that probation is the only permissible
sentence where:
• No prior drug conviction in Massachusetts, and
• Defendant does not object,
unless judge files a written statement of reasons for not so doing.
Upon successful completion of probation, “the case shall be
dismissed and records shall be sealed.”
Assuming that the Pokaski decision applies to such records, they
may be sealed, or remain sealed, only upon a judicial order
accompanied by specific findings that in this particular case
sealing is necessary to achieve a compelling governmental
interest that outweighs the public’s First Amendment
presumption of access.

This means to me that the record was sealed. I am applying for a Global Online Enrollment System (I travel internationally frequently and this would allow me to simply present my passport at a kiosk and not wait in line). A question in the form asks

Have you ever been convicted of a criminal offense in the United States or any other country?

Should I say yes and explain that it was possession of pot and the record is sealed, or should I say no

Generally, it is not wise to lie.

 

[tranquility]

Generally.

 

[davew128]

The MA sealing statutes say you may answer to "No" to any employment question regarding convictions if your record is sealed. You can also forward that information to the FBI so that their records mirror those of MA. On the other hand I am also aware that the sealing wording has been held to NOT apply to that question in instances of licensing say in the insurance industry since obtaining a license is not considered applying for employment.

YMMV in this particular instance.

 

[swalsh411]

I don't know the answer to your question but I would hope this would not get in the way of your approval if you are otherwise qualified. Good luck!