If I have a minor infraction, of which I am completing ARD that will show up on a background check, should I disclose up front.

I had a ridiculous charge levied against me unfairly. I decided to do ARD where the record will ultimately get expunged. I have an ultra clean record prior to this incident. Although my community service for ARD is done, the official expungement will take some time. I'm on the verge of a new job offer. I need to sign a background check form. Only question states 'have you ever been convicted of a crime'. The answer is 'no' and after expungement there will be no conviction. But I'm still in midst of ARD. Should I volunteer my circumstance up front to the employer. I am a victim of horrid circumstances. Also I am in the midst of a expensive divorce. My credit after years of being excellent has taken a huge nose dive due to expenses of litigation. Should I divulge up front?

Havertown, PA -

Attorney Answers (1)

Stanley Bruce Cheiken

Stanley Bruce Cheiken

Employment / Labor Attorney - Jenkintown, PA

You should provide accurate information in response to your prospective employer's questions. But you need not volunteer additional information. An ARD is not a conviction, so you shouldn't treat it as such. If the background check reveals the ARD and the employer asks you about it, then you can explain the circumstances.

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