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Should I disclose the fact that I participated in pretrial diversion to an employer during an interview?

Ocala, FL |

I was charged with petit theft and completed pretrial diversion and the charges were dropped. I'm already working on getting it expunged but its going to take awhile. I applied for a job and have an interview coming up soon. Should I tell the employer about the charges during the interview since it's going to be a few months before the charges are actually off my record?

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Attorney answers 3

Posted

If you are asked whether or not you have been convicted of any crime, you can absolutely say "No." The purpose of the pretrial diversion program is to make sure that people who are in a situation like yours don't have a completely ruined future. Essentially, the purpose of PTI is so that first-time (one-time) offenders get the benefit of the doubt and get one free minor crime (depending on the crime).

Because your case is getting dismissed, I would say you probably do not need to disclose the case. However, if you are asked if you have ever been arrested for a crime, if you are honest about it, the answer would be "Yes." That being said, I would say that you do not affirmatively need to disclose the petit theft charge to your potential employer without being asked.

Good luck to you. You should not need a lawyer for this matter. If you have any legal issues in the Greater Tampa area, contact Greater Tampa Law, P.L. at 813-444-2244.

Any answer given is for general reference and does not establish an attorney-client relationship.

Posted

Unless specifically asked I don't see a benefit to volunteering such information.

Free Consultations can be made by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make more accurate legal determinations on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.

Posted

It really depends on the employer. If you are legally able to say "no" because of a pretrial diversion you can certainly do that. I often advise clients to disclose because in the age of the internet, someone is likely to find out about it and ask you questions about it. If employers sense you are not being forthcoming, you could lose credibility. It's really a judgment call and depends on the job you're trying to get.

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