ARD for DUI and job application questionnaire

Asked over 1 year ago - Radnor, PA

I recently received a job offer, but while filling out the questionnaire came across the following questions:

1. Have you ever been convicted of or pleaded guilty or nolo contendre to a crime or other offense? Include any & all court convictions, military service convictions, deferred adjudication or guilty or nolo contendre pleas.
2. Are you presently under indictment or are you currently a defendant in any criminal proceeding?If yes, please provide the date and place of the occurrence of the indictment or pending charge, and the charge. If no, please enter N/A

I am in the ARD program for a DUI and all I have left is 3 months of unsupervised probation. How should I answer the aforementioned questions?

Thanks in advance

Additional information

I mean should I answer Yes for 1) even though I haven't been convicted.And for 2), Is being on ARD considered having pending charges?

Attorney answers (3)

  1. William A. Jones Jr.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . First off let me note that this is the first time I can recall coming to a different conclusion than Attorney Fioravanti. I actually think that the truthful answer to both questions is Yes. My conclusion in that regard is firmest with respect to question 2. Your current participation on ARD qualifies you as "a defendant in [a] criminal proceeding." If you failed to complete your ARD for any reason and your participation was revoked, your case would continue on from the point immediately before you accepted ARD. You would not be charged again, your case would simply proceed to a different conclusion. I also think the ARD suggests a Yes to question 1 because it is a form of deferred adjudication. In any event here's the real problem that comes up in my practice again and again. If you simply answer NO to both then you will have the following two concerns. That you were arrested for a DUI is currently information available through a criminal records check with the Pennsylvania State Police and will continue to be available until such time, if ever, the records are expunged following successful completion of ARD. It may happen as a matter of course without you having to affirmatively petition for that (something you should check with your attorney), but it will not happen instantaneously. You still have three more months of supervision. Even after the State Police database is purged of information on your arrest, the FBI's records (NCIC) will continue to reflect your DUI arrest. They do not expunge arrest records. Period. So, here's the real problem with answers in the negative. If your employer now, or at some later time, has a criminal history check done, especially if it draws upon NCIC, your employer is likely to conclude that you were less than truthful when you answered the questions. My advice is to be truthful and reveal it in the best possible light; otherwise I think you'll be looking behind you for a long time. Good luck.

  2. Michelle A. Fioravanti

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . You should answer "no" to both questions. ARD is not a conviction, guilty plea or nolo plea. And the ARD neither means you are presently under indictment nor currently a defendant in any criminal proceeding. That question refers to pending charges, and the DUI is not a pending charge.

    I would further advise you to seek the expungement of the offense from your criminal history once you successfully complete ARD.

    Michelle A. Fioravanti, Esq.
    www.fioravantilaw.com
    484-876-1543
    Like me on Facebook: Law Offices of Michelle A. Fioravanti, P.C.

  3. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . This is a strange answer coming from an attorney, but, depending on the nature of the job, it may be best to just answer the question honestly. Good luck.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,994 answers this week

3,088 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,994 answers this week

3,088 attorneys answering