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What to put when job application says "Have you been convicted of a crime, excluding misdemeanors and summary offenses?"

Fairfax, VA |

Do I have to put down misdemeanors? Or can I "exclude" that.
What are summary offenses?

I have a misdemeanor DUI from 2 years ago


Any help will be greatly appreciated.


Thank you

Attorney Answers 5


  1. If it says excluding misdemeanors, then you can exclude the misdemeanor DUI. Summary offenses probably include those without probation, such as infractions like traffic tickets. Good luck.


  2. The job application instructs you to exclude misdemeanors, so follow the instructions and don't mention your misdemeanor convictions. It appears based on this question that this employer is only interested in felony counts.

    The information provided herein is intended solely for educational purposes and does not create an attorney-client relationship. Please contact a local attorney for assistance with your matter.


  3. If the only crime that you have ever been convicted of is a misdemeanor, you can feel comfortable excluding that information.


  4. The question is asking about crimes other than misdemeanors, which means the employer only wants to know if you've ever been convicted of a felony. If you have never been convicted of a felony, you can say no to this with a clear conscience.

    A first or second offense DUI is not a felony in Virginia. A third or subsequent DUI within ten years is a felony. If you are not certain whether you have been convicted of a felony, call the court where you were convicted and ask them. But, seriously, who gets convicted of a felony and can't remember it?

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