Do I Have to Put a Class C Misdemeanor on a Job Application?

[CollegeGirl1994]

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

My question involves criminal records for the state of Texas.

I am concerned about getting a job as a Certified Nurse Assistant based on a mistake that I made. I was with some friends and we got caught shoplifting. We were fined because the amount was under $50. We paid the fine, and nothing else was said about it. I believe that this is a Class C Misdemeanor. My questions are: Do I have to include this on any job applications? Is this on my record? Also, if it is on my record, do people have access to this information since it is not a felony? Any help is greatly appreciated!

 

[CSO286]

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

My question involves criminal records for the state of Texas.

I am concerned about getting a job as a Certified Nurse Assistant based on a mistake that I made. I was with some friends and we got caught shoplifting. We were fined because the amount was under $50. We paid the fine, and nothing else was said about it. I believe that this is a Class C Misdemeanor. My questions are:

Do I have to include this on any job applications?

If the information is requested, yes, you do. Most applications ask for any and all convictions and separate the questions as to felony and misdemeanor categories.

Is this on my record?

Yes.

Also, if it is on my record, do people have access to this information since it is not a felony? Any help is greatly appreciated!

Yes--well unless the crime took place when you were a juvenile, then it's possible.

And as an aside, a conviction for theft could prevent you from obtaining that CNA job, given that you would be caring for vulnerable patients (potential new victims). As a former CNA mentor/trainer, I would be relunctant to hire a thief.

ETA: Also, if you were hired, you would be subject to a state criminal background check on which a misdemeanor conviction for theft would appear. If you do not include that info on your application and it appears on your BG check, you can be terminated for not disclosing it on the application.

 

[swalsh411]

If the information is requested, yes, you do.

Please quote the law which says it's a crime to lie on an employment application.

The legally correct answer is that there is no law making it a crime to lie on an employment application. So no, you are not legally bound to disclose it, but you might be fired if they later find out you lied.

 

[CSO286]

Please quote the law which says it's a crime to lie on an employment application.

The legally correct answer is that there is no law making it a crime to lie on an employment application. So no, you are not legally bound to disclose it, but you might be fired if they later find out you lied.

You're right. She isn't legally *required* to put it on the applicaiton, but can be fired later if it comes out on her BG check and she failed to disclose or explain it.

What I should have said, OP, is that you should include it on your application. That gives you the chance to explain and apply any context to the situation, etc. before the employer finds out on their own and possibly fires you for hiding it.