Re: Employment application

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I respectfully disagree.

Vacating a conviction means that your conviction is reversed.
In the eyes of the law, you will never have been convicted.

While laws on this may vary from state to state, a person who
has had his/her conviction vacated may tell employers, housing
authorities, schools, and others that they were never convicted
of a crime. Additionally, the state will not release any
information about a vacated record to anyone other than those
provided for by its laws (i.e. police).

imho: Based entirely on the info in your post and what you say
the court order says: You may answer "no."

On 9/09/06, Terry wrote:
> > The issue here for the employer is almost certainly not a 20
> year old felony that was vacated but whether you are
> truthful on their application form. So if the application
> asks "Have you ever been convicted of a felony?" the only
> truthful answer is "Yes." You certainly may also write
> in "Conviction Vacated." Even if that conviction record was
> expunged, there is still a paper trail of other related
> records that weren't expunged that often are uncovered if
> the employer does a thorough background check.

On 9/08/06, Eric wrote:
>> I have a question regarding an employment application. I
>> am considering going to work for a trucking company, as an
>> over the road long haul driver, based in SLC, Utah. I
>> currently reside in Arizona.
>>
>> 20 years ago, I was convicted of a felony crime in WA
>> state, which I have since had vacated by the same court
>> that originally sentenced me. The superior court order to
>> vacate the defendant's record of conviction states that I
>> am released from all penalties and disabilities resulting
>> from the offense. (This includes answering questions
>> relating to criminal convicitions on employment
>> applications.)
>>
>> I have talked with a few different recruiters from
>> different trucking companies and they all say that even if
>> an applicant has had a record of conviction expunged or
>> vacated, that he or she is still required to state any
>> felony conviction on the application. Is this true?
>>
>> The prospective employer in Utah is asking if I have ever
>> been convicted of a felony. Should I answer yes, or no?
>>
>> Any counsel/opinion on this subject would be greatly
>> appreciated! Thanks.
>>