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Do I have to report my Misdemeanor conviction on job applications/personal paperwork?

Atlanta, GA |

I pled No Contest to my 1st Offense DUI in 2008. I successfully completed all the terms of my probation and paid all fines. It was my first arrest and I have not had so much as a speeding ticket since.
I am a college student in my Senior year and are starting to fill out various job applications. Some of them ask 'Have you ever been convicted of, accused of, or pled No Contest to any midsemeanor crime'?
Am I required by law to answer truthfully and tell of my conviction? Because pled No Contest, does that COUNT as a conviction? I realize that most employers do perform a background check anyway, but I feel like speaking of my conviction right away will prevent me from ever getting my foot in the door.

Thank you!

Attorney Answers 4


You should check with a local lawyer to determine whether GA counts a DUI as a misdemeanor. In NJ, where I practice, is not counted as a misdemeanor, but rather as a traffic offense. Hence, if GA treats it the same, no you would not have to report it, unless specifically asked.

Best of luck!

Adam S. Malamut, Esq.

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In Georgia, a conviction for a DUI is considered a misdmeanor conviction. A plea of Nolo Contendere ("no contest") simply means that you are not contesting the charge(s) against you and are in essence admitting to the factual basis of the charges against you. Which apparently is what you did. The benefit to a no contest plea is non-existent in a DUI case unless there was an accident invloved and you were trying to prevent civil liability attaching to you. A plea of No Contest counts as a conviction. As a side note, my employers ask different questions about your criminal background so read the questions very carefully and if you think your potential employer may not find, then I would suggest to you to re-evaluate your answer before submitting the application. Good Luck to you.

Darrell Kimbrell

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1 found this helpful


If the application asks if you pled no contest, you did. That's what it's asking for and answering "no" is being dishonest. It's not against the law to be dishonest.

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I would answer the question truthfully as employers can pull up your criminal history and see any charges brought before you and the disposition of each case.

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