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set aside misdemeanor and current employment

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Dama1

Junior Member
What is the name of your state (only U.S. law)? Arizona
I am a registered dietitian working in New York at a health care facility for 9 years. I previously had a conviction for misdemeanor retail theft 19 years ago in Arizona that I was given only a written summons for ( no fingerprints), paid a $208. fine, that was later set aside prior to my current employment (11 years ago). I answered "no convictions" on job app, as legally allowed. The facility did not require fingerprinting for employment at the time. If the facility ever requires me to be fingerprinted and this comes up, can they terminate me, even though I was honest on app and it was set aside? What recourse would I have, if any, if this happens?
Thanks
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Arizona
I am a registered dietitian working in New York at a health care facility for 9 years. I previously had a conviction for misdemeanor retail theft 19 years ago in Arizona that I was given only a written summons for ( no fingerprints), paid a $208. fine, that was later set aside prior to my current employment (11 years ago). I answered "no convictions" on job app, as legally allowed. The facility did not require fingerprinting for employment at the time. If the facility ever requires me to be fingerprinted and this comes up, can they terminate me, even though I was honest on app and it was set aside? What recourse would I have, if any, if this happens?
Thanks
First, read the paperwork you signed carefully. Employment apps often ask for FELONY convictions, in which case you'd be OK.

Second, check to see whether the conviction was actually set aside. If so, a statement that you have no convictions on your record is accurate.

Finally, is there a reason you're worrying about it? In my experience, it would be almost unheard of for an employer to go back long after the fact to check on something like that. Maybe health care is different, though.
 

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