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Do I have to admit I was "convicted of a crime" on a job application if I received deferred adjudication for the charge?

Tuscaloosa, AL |

I was arrested for Possession of Marijuana II (Class A Misdemeanor ) two years ago. I took the necessary classes and ended up receiving deferred adjudication for the charge and the case was later dismissed and the charges were dropped. I am currently applying for jobs for after I graduate and I am wondering whether or not I have to answer "yes" to the question "Have you ever been convicted of a crime, other than minor traffic violations?" that is often found on job applications. My lawyer told me that I can answer "no", but I would rather the employer not think that I am lying in case a background check shows the arrest.

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Attorney answers 3

Posted

You can honestly say, "no." The background check may show an arrest though, as deferred prosecution does not come with an expungement of your record in Alabama. Get a copy of the order dismissing your case in case you are questioned.

No representation is made that the legal services provided are great than legal services provided by other lawyers. This answer does NOT create an attorney-client relationship, nor does it create an ongoing duty to respond to further inquiries.

Posted

follow your lawyer's advice, and get your own copy of your criminal history from the state; if the arrest appears, talk with your lawyer about expunging the record

Posted

No you were not convicted but I would admit to being charged and the charges were dismissed.

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