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Have you ever been convicted of any crimes, other than minor traffic violations? Yes No

Ottawa, IL |

I have a DUI in 2011 and finished in 5/11/2012 I have had a background check with another employee and I have my copy of the background check and it stats **We found the following CONVICTION Case 5/11/2012 - Criminal Traffic DUI. I replied No to this ? And the Nursing Home I am applying for employment went thru. the interview process and I volunteered the information that I had A DUI and that it would show up on my background check from another employee. Then I received a call from HR stating the interview went backwards and that I need to fill-out another application stating Yes to the above ? They received the new application and she told me they will have to see if they can except this? Can they do this? Please help!!!
Sincerely, LF

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Attorney answers 2


DUI is a crime. If you did not receive supervision you were convicted if a crime


It appears that you had a conviction on your DUI. This is not a minor traffic violation (a first time DUI is a class A misdemeanor, which you could have been put in jail for up to 364 days). If you had a supervision, you weren't convicted of a crime.
Can they do this? Yes, they can. If the record came back as a conviction, your failure to disclose it can be the basis for termination (if you've gotten the job already) or denial of your application.
If you need to find out if you were convicted or given supervision, you can get a copy of your court purposes driving abstract from any secretary of state's office (last I checked, they cost around $12 or $13). If you were convicted, it will show there.
Good luck.