Re: Employment application

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On 2/12/07, RCW wrote:
> On 10/01/06, sharwinston wrote:
>> 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.
>>>>
>
>
> I agree with Shar. On that same note, when you apply to certain
> law enforcement positions, they are able to legally ask if you
> have ever been "arrested" - a question that is usually illegal
> in the private sector.

Dear Eric: 'Vacation' of a felony conviction is identical to what is
generally termed an 'expungment'. Your felony has been expunged, and
as previously mentioned it is as if it never occurred.

The only time an expungment may be revivified ('brought back to
life') is in the event the original perpetrator re-offends and is
again convicted of a felony. But even here, the expunged felony may
only be imported (brought) into the court at sentencing. It is not
admissible during the guilt phase of the trial (while the trial is
going on), unless the old felony is very-much-like, the present
offense ('signature crime' evidence).

So, after one has been granted an expungment, one may certainly
always answer 'no' to any question which asks if one has ever
committed, pled guilty to, or been found guilty, of that crime.

Finally: besides being able to be free of your felony because of
the expungment, there are circumstances under which it can work to
your benefit TO make mention of it. An example of this would be in
a professional application (Law School, Med School) where generally
one is asked re: previous convictions even if they've been expunged.
Here, it would serve the individual to mention the expungment
because the State grants one only upon a showing that the offender
has ceased to offend, and that that cessation has been a matter of
several years' standing.

So keep mum and good luck. It's behind you now! Best-Attorney/Nurse