What are my rights as a prospective employee regarding a felony charge that was deferred in 2006?

I have a felony charge (non-violent) on my record from 2006. It is the only charge on my criminal record, and as such, I was able to defer prosecution. I've been told that when asked if I have any criminal convictions on a job application, I may legally state "no". When prospective employers check my background, however, the charge shows up, making it appear that I was being dishonest. Can I legally be denied a job based on a charge only?

Asheville, NC -

Attorney Answers (3)

Joel Merritt Wagoner

Joel Merritt Wagoner

Criminal Defense Attorney - Wilmington, NC
Answered

Yes you can legally be denied a job. If you successfully completed the terms and conditions of the deferred prosecution and the charge was dismissed, speak to an experienced criminal defense attorney about an expunction.

James Kevan Minick

James Kevan Minick

Criminal Defense Attorney - Asheville, NC
Answered

I would seek to get the charge expunged. You may be eligible. See http://www.minicklaw.com/tag/expungement/ for more info.

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Dean George Tsourakis

Dean George Tsourakis

Criminal Defense Attorney - Clearwater, FL
Answered

Yes, you can be denied a job. You can look in to sealing your record but with all the private websites like mugshots.com out there, your arrest will probably be found. You are correct in telling employers that you have never been convicted. you may wish to disclose the arrest with an explanation that the charge was dismissed.

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