Do I have to admit I was "convicted of a crime" on a job application if I received deferred adjudication for the charge?

Asked about 1 year ago - Tuscaloosa, AL

I was arrested for Possession of Marijuana II (Class A Misdemeanor ) two years ago. I took the necessary classes and ended up receiving deferred adjudication for the charge and the case was later dismissed and the charges were dropped. I am currently applying for jobs for after I graduate and I am wondering whether or not I have to answer "yes" to the question "Have you ever been convicted of a crime, other than minor traffic violations?" that is often found on job applications. My lawyer told me that I can answer "no", but I would rather the employer not think that I am lying in case a background check shows the arrest.

Attorney answers (3)

  1. Eric Clark Davis

    Contributor Level 12


    Lawyers agree

    Answered . You can honestly say, "no." The background check may show an arrest though, as deferred prosecution does not come with an expungement of your record in Alabama. Get a copy of the order dismissing your case in case you are questioned.

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  2. Paul Rutledge Durr III

    Contributor Level 15


    Lawyer agrees

    Answered . follow your lawyer's advice, and get your own copy of your criminal history from the state; if the arrest appears, talk with your lawyer about expunging the record

  3. Dean George Tsourakis


    Contributor Level 20


    Lawyer agrees

    Answered . No you were not convicted but I would admit to being charged and the charges were dismissed.

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