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Do I need to disclose on a job application if I was arrested but successfully completed a pretrial diversion program?

Athens, GA |

The question states "Have you ever been convicted of, plead guilty, no contest or nolo contendere to a misdemeanor or felony?"

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Attorney answers 3


The answer to that question is "no."


The question does not ask if you have ever been "arrested", so the answer is "No".


I agree with my colleagues.

In the event that you ARE asked if you have ever been arrested, be advised that Georgia law does not allow you to deny the fact that you were arrested – even if you have had the arrest and charges expunged. As such, if you get an arrest expunged and tell an employer you were never arrested, you run the risk that you will not be hired or that you will be terminated for lying on your application (the arrest MAY still appear on a private background check).

Potter Sieg, LLC Phone: 404-270-9289 Fax: 404-935-9308 Paul J. Sieg is a criminal defense and entertainment law attorney licensed to practice law in the State of Georgia. All information provided is based on Georgia law and federal law, where applicable, and is not necessarily directly applicable to any other jurisdictions, states, or districts. This response is not legal advice and does not create an attorney/client relationship. Rather, this response is in the form of legal education, and is intended to provide general information. Any specific concerns should be directed to an attorney who is licensed to practice law in your respective jurisdiction.

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