Re: Employment application

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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.
>
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.