Do I need to disclose on a job application if I was arrested but successfully completed a pretrial diversion program?

Asked over 1 year ago - Athens, GA

The question states "Have you ever been convicted of, plead guilty, no contest or nolo contendere to a misdemeanor or felony?"

Attorney answers (3)

  1. Benjamin David Goldberg


    Contributor Level 17


    Lawyers agree

    Answered . The answer to that question is "no."

  2. Lee William Fitzpatrick

    Contributor Level 16


    Lawyer agrees

    Answered . The question does not ask if you have ever been "arrested", so the answer is "No".

  3. Paul Jonathan Sieg

    Contributor Level 12


    Lawyer agrees

    Answered . I agree with my colleagues.

    In the event that you ARE asked if you have ever been arrested, be advised that Georgia law does not allow you to deny the fact that you were arrested – even if you have had the arrest and charges expunged. As such, if you get an arrest expunged and tell an employer you were never arrested, you run the risk that you will not be hired or that you will be terminated for lying on your application (the arrest MAY still appear on a private background check).

    Potter Sieg, LLC Phone: 404-270-9289 Fax: 404-935-9308 Paul J. Sieg is a criminal... more

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