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Is it okay to answer 'no' on a job appliation where it asks if I've been convicted of a crime?I have, but in the state of Hawaii

San Diego, CA |

I have been living in California for about 10 months. Am I still considered a resident of Hawaii? Isn't there something like having to live in a another state for two years before being considered a resident? It says on the application resident's of Hawaii do not answer.

Attorney Answers 4


You should consult with a local employment law attorney before you complete the application. Many do not charge a fee for an initial consultation (Take advantage of their offer) Good luck

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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It is hard to go wrong by being truthful, particularly when it is so easy for potential employers to do a criminal background check. You may want to explore having an attorney in Hawaii clear up your criminal record.

I will be happy to speak with you at no cost with a phone or office conference. Please call my office at 619-231-0401 or visit my website at

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You should always answer questions truthfully on an employment application. The company may consider your criminal history, even if the conviction occurred in another state. Even if the conviction would not hurt you, lying on the application could keep you from getting hired. However, a criminal conviction should only be used to rescind an employment offer if the nature of the conviction is related to the nature of the work. For example, a child daycare center could reasonably refuse to hire someone with a child abuse conviction, but that same conviction should not preclude someone from working as a truck driver. The company should also consider how much time has passed since the conviction. Good luck.

My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.

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Unless the question clearly asks about convictions in this state, you will be committing a misrepresentation on your application which will leave you open to termination the minute the company finds out about the misrepresentation. If you have a reason to sue your employer for certain acts of misconduct in the future, in several kinds of lawsuits it would be acceptable for the employer to set up the defense of misrepresentation on the application to defeat your lawsuit. If you are terminated for misrepresentation on your application in the future, you will likely not qualify for unemployment insurance benefits. In short, it is a really bad idea to lie on your application.

You become a resident of a state as soon as you move there with an intent to stay. Residence can be defined in different ways, such as establishing residency for purpose of attending a state-funded school, so that may be what you are thinking about. If you live here with the present intent to stay, you are a resident.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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