I was hired by the USPS in 1989 &was issue a Notice of Removal on 06//06/05 & charged with FALSIFICATION of YOUR EMPLOYMENT APPLICATION. The USPS stated: Concerning the falsification of the employment application charge the letter states that question 18 states: “Have you ever been convicted of an offense against the law or forfeited collateral, or are you now under charges for any offense against the law? (You may omit: (1) traffic violations for which you paid a fine of $30 or less; & (2) any offense finally adjudicated in a juvenile court.)’ In the space provide the grievant indicated “no”. The letter states that: “According to records from the Municipal Court of LA — Van Nuys Judicial District, in the County of LA in the State of California, a case was filed against you for “Count 01: 484 (A) PC MISD — Theft.” According to the same records, the case was called for a jury trial on 02/18/88 due to your prior plea of not guilty. According the records, you were represented by counsel and were present at the hearing. The Court imposed a sentence of 24 … By the directions of the court appointed attorney who told me if I plead a no contest plea it would not effect me of gaining employment I would not have to include it on a job application, the judge accepted my plea & I was fined & given probation. So when I filled out the SF 171 employment form & answer question #18 which states, “Have you ever been convicted of an offense against the law or forfeited collateral, or are you now under charges for any offense against the law? (You may omit: (1) traffic violations for which you paid a fine of $30.00 or less; & (2) any offense finally adjudicated in a juvenile court.)’ “If your answer to either question is YES give details in item 22. Show for each offense: (1)date (2) charge; (3) place; (4) court; & (5) action taken, Note — A conviction doesnt automatically mean you cannot be appointed. What you were convicted of, & how long ago, are important. Give all of the facts so that a decision can be made.”
The application SIGNATURE, CERTIFICATION, RELEASE OF INFORMATION states: A false statement on any part of your application may be grounds for not hiring you, or for firing you after you begin work. The application also states: I certify TO THE BEST OF MY KNOWLEDGE & BELIEF, all of my statements are true, correct, complete & made in good faith. So in Aug of 89 when I interviewed for the position of mail carrier I mentioned the no contest plea to the interviewer (who retired) &I was told if nothing comes back on my background check not to worry. I was given a letter of congratulations &told to report for duty on October 21, 1989.
AUG 2008 I took a test for the CENSUS BUREAU & - notice the statement now reads as follows: For questions 9-11, your answers should include convictions resulting from a plea of nolo contendere (no contest), but omit (1) traffic fines of $300 or less, (2) any violation of law committed before your 16th birthday, (3) any violation of law committed before your 18th birthday if finally decided in juvenile court or under a Youth Offender law, (4) any conviction set aside under the Federal Youth Corrections Act or similar state law, & (5) any conviction for which the record was expunged under Federal or state law. 9. During the last 10 years, have you been convicted, been imprisoned, been on probation, or been on parole? (Includes felonies, firearms or explosives violations, misdemeanors, &all other offenses.) If "YES," use item 16 to provide the date, explanation of the violation, place of occurrence, &the name &address of the police depart or court involved. YES NO
I wasn't aware that I was convicted,nor imprisoned for the offense but I did have a period of probation. So, my questions is why did my removal stand when NO CONTEST remark was not inclusive on the application I certify TO THE BEST OF MY KNOWLEDGE & BELIEF, all of my statements were true, correct, complete &made in good faith.
