conviction on a background check for employment.

[MIKEB64]

I was recently in court for a charge of disorderly conduct and CONTRIB DELINQ/DEPEND-MINOR and received a deferred prosecution. I was not arrested for either of these, charges were simply brought and I went to court with a lawyer to defend against these charges. My sentence was a fine, anger mgmt and after these are completed, the charges will be dismissed.

Now, I have received a job offer and I must complete the form for a background check. Here is the wording from my form: "During any portion of the last seven years have you been convicted, incarcerated, required to register as an offender or on parole or probation for any misdemeanor or felony offense as described above? (Please note: while (name of company) does not base its hiring decisions on arrests not resulting in conviction, and you are not required to disclose pending charges, pending charges that would be disqualifying if a conviction occurred may result in temporary ineligibility pending resolution where not precluded by law.

My question is if I have to answer the question/disclose this incident since it is deferred or do I have to admit the incident. i certainly don't want to omit and be disqualified but at the same time, if the incident is not really a conviction yet (until I have failed to meet the court's requirements) I really don't want to disclose it.
Thanks for your help.

 

[swalsh411]

First of all it perfectly legal to lie on an employment application. Not necessarily recommended, but you don't "have" to disclose anything.

It sounds to me like you can truthfully answer no to the question.

 

[Mass_Shyster]

During any portion of the last seven years have you been convicted, incarcerated, required to register as an offender or on parole or probation for any misdemeanor or felony offense as described above?

If you were in a Massachusetts Court, you are most likely on probation until the charges are dismissed. I doubt you are, since that question would not be legal in Mass.

 

[FlyingRon]

What state is this?

 

[Just Blue]

I was recently in court for a charge of disorderly conduct and CONTRIB DELINQ/DEPEND-MINOR and received a deferred prosecution. I was not arrested for either of these, charges were simply brought and I went to court with a lawyer to defend against these charges. My sentence was a fine, anger mgmt and after these are completed, the charges will be dismissed.

Now, I have received a job offer and I must complete the form for a background check. Here is the wording from my form: "During any portion of the last seven years have you been convicted, incarcerated, required to register as an offender or on parole or probation for any misdemeanor or felony offense as described above? (Please note: while (name of company) does not base its hiring decisions on arrests not resulting in conviction, and you are not required to disclose pending charges, pending charges that would be disqualifying if a conviction occurred may result in temporary ineligibility pending resolution where not precluded by law.

My question is if I have to answer the question/disclose this incident since it is deferred or do I have to admit the incident. i certainly don't want to omit and be disqualified but at the same time, if the incident is not really a conviction yet (until I have failed to meet the court's requirements) I really don't want to disclose it.
Thanks for your help.

U.S. Law Only.

 

[MIKEB64]

I am in AZ.

 

[cbg]

swalsh is, of course, correct that it is not illegal to lie on an employment application.

However, here is what he fails to remind you.

There are states where it is illegal to take a criminal record into consideration during the hiring process, unless the conviction relates directly to the law at hand.

However, in NO state is it illegal to fire you for lying on the employment application, EVEN THOUGH no law prohibits you from lying.