Criminal Record Question

[dkb140]

- I pled no-contest and was convicted of a misdemeanor in 1997 (IN).
- I was also arrested for a fealony earlier this year (FL) but completed a Pretrial Intervention program and the charge was dismissed.

I know that in many states employers cannot ask about: misdemeanors, misdemeanor convictions more than 7/10 years old, and/or about charges that were dismissed through PTI programs.

Is there a list somewhere summarizing what employers can and cannot ask about in various states? Specifically I'd like to know in which states I won't have to disclose my record when applying for a job?

 

[cbg]

There is NO state where there is a prohibition against asking about misdemeanors. I don't know where so many people get the idea that misdemeanors are in some way exempt from investigation. The only state I can see in my cheat sheet with a prohibition against asking for convictions more than 10 years old is Hawaii; I cannot find any states with a prohibition set at 7 years. Hawaii, like all other states, does not differentiate between felonies and misdemeanors; the law says "convictions".

I have no information about PTI's and you can use Google as easily as I can.

Unless a conviction for either a felony or misdemeanor has been sealed or expunged, I do not see any state where you are entitled to lie about having a conviction, with the sole exception of Hawaii and ten year old convictions, as above.

There ARE prohibitions against your employer using the information in making the hiring decision, but not that give you the right to say "no" when the truthful answer is "yes".