How do I answer this question on the job application?

[Gajob]

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

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

The application asks- Have you ever committed a crime, been convicted of, plead guilty to, had adjudication withheld or plead no contest to a crime (crime means felonies and misdemeanors including vehicular misdemeanors and felonies) or been released from prison? Prison includes time spent in city and county jails as well as local, state and federal prisons.

I was arrested but am out on bond with no trial date. State charges pending via warrant. As of this date the State has brought no further prosecution. I was in jail for a short time while awaiting a bond hearing but I am thinking they are referring to time in prison/jail as it relates to a conviction. Is that correct & would I be able to answer no? I did not commit the crime I am accused of & am working to get the charges dropped.

I have no idea how long it will be before I can get the charges dropped & I need a job ASAP. How can I get a job with this hanging over me? I got a great job & was honest on the application & told the recruiter about the pending charges. She said that wasn't a problem & being honest was best.The background check came back & showed nothing but 4 days after I started work they terminated me with no reason given. This application is for another job & I am worried I will have another bad experience. What happened to "innocent til proven guilty"?

 

[OHRoadwarrior]

You must answer yes or lie, the question was specific. You are free to present your side if they ask.

 

[sandyclaus]

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

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

The application asks- Have you ever committed a crime, been convicted of, plead guilty to, had adjudication withheld or plead no contest to a crime (crime means felonies and misdemeanors including vehicular misdemeanors and felonies) or been released from prison? Prison includes time spent in city and county jails as well as local, state and federal prisons.

I was arrested but am out on bond with no trial date. State charges pending via warrant. As of this date the State has brought no further prosecution. I was in jail for a short time while awaiting a bond hearing but I am thinking they are referring to time in prison/jail as it relates to a conviction. Is that correct & would I be able to answer no? I did not commit the crime I am accused of & am working to get the charges dropped.

I have no idea how long it will be before I can get the charges dropped & I need a job ASAP. How can I get a job with this hanging over me? I got a great job & was honest on the application & told the recruiter about the pending charges. She said that wasn't a problem & being honest was best.The background check came back & showed nothing but 4 days after I started work they terminated me with no reason given. This application is for another job & I am worried I will have another bad experience. What happened to "innocent til proven guilty"?

It sounds like the question is pretty specific. And for you, the answer would have to be YES.

While you are challenging the charges, you WERE charged. And since you did spend time in jail (doesn't matter why), then that has to be disclosed according to the question.

Kinda sucks to be you right now. Not a lot you can do but be honest about it and hope for the best.

 

[Gajob]

You must answer yes or lie, the question was specific. You are free to present your side if they ask.

I don't want to lie but I feel they are asking about serving time as a conviction not time in jail for an arrest waiting to be released on bail. Would it be wise to ask the company's recruiter to get an answer for me? I did not commit a crime so the rest of what they ask doesn't apply. Is there any hope a company will hire me? I need to work & it is worse because I am innocent but haven't had a chance to prove it yet.

 

[OHRoadwarrior]

I don't want to lie but I feel they are asking about serving time as a conviction not time in jail for an arrest waiting to be released on bail. Would it be wise to ask the company's recruiter to get an answer for me? I did not commit a crime so the rest of what they ask doesn't apply. Is there any hope a company will hire me? I need to work & it is worse because I am innocent but haven't had a chance to prove it yet.

If it is a paper application, explain in a brief paragraph on the app, after you answer the question.

 

[cbg]

When filling out job applications it is important to answer the question that they asked; not the question that you think they're asking.

If a literal response to the question AS WRITTEN is yes, then you need to answer Yes. "Have you ever" means, Ever. It does not mean, "well, I think they're really asking if x, so even though the question says y, I'm going to answer as if it said x."

 

[Proseguru]

Or answer "no, not that you are aware of"

 

[sandyclaus]

Or answer "no, not that you are aware of"

So YOU seem to think that lying on the application is a good idea? What happens if, on the company's background check, they discover the arrest and incarceration?

OP PLEASE do not listen to this fool. He does this stuff all the time.

 

[swalsh411]

To all of you think the OP must answer YES, which one of these has happened?

been convicted of
plead guilty to
had adjudication withheld
plead no contest
been released from prison? (OP was in jail not prison)

I would also point out that it is not a crime to lie on an employment application except in matters related to security clearances.

 

[sandyclaus]

To all of you think the OP must answer YES, which one of these has happened?

been convicted of
plead guilty to
had adjudication withheld
plead no contest
been released from prison? (OP was in jail not prison)

I would also point out that it is not a crime to lie on an employment application except in matters related to security clearances.

OP told us this:

...Prison includes time spent in city and county jails as well as local, state and federal prisons...

and that's where he's been released from prison, since he has spent time in jail for while waiting for his bond hearing (presumably from being arrested on this charge). OP's OWN WORDS gave us this interpretation.

 

[swalsh411]

OP told us this:

Jail is not prison.

That's like saying "reptiles count as mammals".

 

[>Charlotte<]

Jail is not prison.

No, it's not, but the application makes it clear that they are defining it as such. They can do that.

 

[swalsh411]

No, it's not, but the application makes it clear that they are defining it as such. They can do that.

Firstly, just so we are all clear, the OP can put whatever the heck he wants on the application. Lying on an employment application is not a crime.

I would still advise using the correct definitions of words.

 

[>Charlotte<]

Firstly, just so we are all clear, the OP can put whatever the heck he wants on the application. Lying on an employment application is not a crime. I would still advise using the correct definitions of words.

No argument there.

I would also advise using the word "prison" correctly, but the employer can ask "Have you ever baked cupcakes? And by "baking cupcakes" we mean "have you ever been arrested" and the correct answer is, unfortunately for our OP, "yes". If he chooses to lie or to interpret the question to suit his convenience, he can probably count on being fired when they discover the truth.

 

[davew128]

No, it's not, but the application makes it clear that they are defining it as such. They can do that.

The wording of the application makes it pretty clear it does NOT and they are looking to case dispositions with guilty or admissions of guilt. Up until a few years ago, by your reasoning, OJ Simpson would have had to respond with a yes to this application even though he had not been convicted of a crime.