I was convicted of a misdemeanor DUI almost two years ago. My understanding (admittedly, anecdotally) is that it is illegal for employer to ask questions regarding criminal history that:
1) Are not felonies
2) Are not pertinent to the job being applied for
Even though most applications state that "replying yes to this question won't necessarily disqualify applicant" or something similar, I don't want to answer yes to a question they have no right to ask. I am open about my DUI, because I regret it, it was an anomaly, and I want to discourage others from drinking and driving, but I don't talk about it in professional circles (for obvious reasons). So I have two questions:
1) The question is phrased: "Have you been convicted of any criminal offense?" Do I have to answer yes? If I answer no, even if it IS an illegal question, can I be fired for it, should they find out later that I was convicted of a DUI (the job is in a supermarket, non-driving position)?
2) If I DO have to answer yes to avoid getting in trouble later, how can I NOT answer the question tactfully?
Thanks for your help.