Employer Asks About Crimes in Application

[BlackPeaceStone]

What is the name of your state? IL And Missouri



I live in Illinois and am applying for a job in Missouri. One of the questions the employer is asking in the application is Have you ever been convicted or pled no contest to a crime, or are you presently under chare for violating any laws (other than one that has been formally expunged by a court)?

I wanted to know is this question legal to ask. I was under the impression that employers can only ask about Felony convictions.

My other concern is I have been charged with a crime currently in Illinois the case is still on-going. Is it best to answer the question Yes or answer the question NO (if it is a illegal question to ask) or leave it blank.

 

[Shay-Pari'e]

What is the name of your state? IL And Missouri



I live in Illinois and am applying for a job in Missouri. One of the questions the employer is asking in the application is Have you ever been convicted or pled no contest to a crime, or are you presently under chare for violating any laws (other than one that has been formally expunged by a court)?

I wanted to know is this question legal to ask. I was under the impression that employers can only ask about Felony convictions.

My other concern is I have been charged with a crime currently in Illinois the case is still on-going. Is it best to answer the question Yes or answer the question NO (if it is a illegal question to ask) or leave it blank.

It is NOT illegal to ask these questions on an application. It is illegal for you to answer falsly.

 

[cbg]

State law determines what questions an employer may ask with regards to convictions. What the employer is asking is LEGAL in both Illinois and Missouri. It would be legal in MANY other states. While I only skimmed the listing and may have missed one or two, a quick review did not show any states that limit an employer to asking only about felonies.

If you leave the question blank, they will either come back and ask you for an answer or they will put your application in the "cannot follow directions - do not hire" pile. If you answer the question No and they find out later that you were charged with a crime, you will be fired for falsifying your application (assuming you are hired in the first place). So that leaves answering the question Yes.

Telling the truth will not necessarily eliminate you from consideration. Lying will.

Sorry, I just reread your question and see where your confusion comes in. I would still advise making the employer aware of what is going on - depending on how the question is asked you might want to put an explanation, or write in "will discuss at interview" or something of the kind. Keeping them in the dark about it, even if you have not yet been convicted, is likely to backfire on you.

 

[BlackPeaceStone]

I just consulted a criminal attorney and he did indicate to me that this question is illegal to ask in IL but not in Missouri. In IL you are only allowed to ask about felony convictions.

Also, what are the chances that when doing a criminal backround check a on-going case will show up ?

 

[cbg]

My source does not show any such restriction but I suppose the law could have changed since it was published. I'm not sure what difference it makes, however, since you're applying for a job in Missouri, where no one debates that it's legal.

All background checks are not created equal. There's no possible way for us to gauge how likely it is to show up on a background check; it depends on what the employer asks and how deeply they look.

If you are thinking that you might leave the information off the application and hope that it doesn't show up so that the employer never finds out about it, I do NOT recommend that course of action. There are more ways than just a background check that an employer can find out about this and falsifying your application IS grounds for immediate termination.