Ask the Experts: Don’t Lie About Your Criminal Record
Question:
Three years ago, I was convicted of a felony that I didn’t commit. It was just expunged from my record, which basically changed my plea of guilty to
not guilty and relieved me of any obligation to the crime, but it remains on
my record. Do I still need to divulge my conviction when seeking employment?
First Answer:
Congratulations on having your conviction overturned and being relieved of all obligations. It sounds like you are taking back control of your life and seeking employment.
I presume that you have been told by the court or your attorney that something still remains on your record. For jobs where background checks are performed, your record will be revealed. For some jobs, having any record can prevent you from being hired. Most job applications provide an area for you to divulge any criminal records – check with your attorney for the correct phrasing to use here. It is always to your benefit to answer applications honestly.
During the interview it is your skills and the value that you bring to the position and company that are the subject matter. If you are asked, honesty is the best policy. You are a survivor and innocent, your verdict was overturned, sounds like it’s your time to shine in the sun.
If you are still wondering, work with a professional coach who can guide you through the process easier and faster. I am offering a 20% discount on one month of coaching to anyone who mentions this article.
— Janine A. Schindler, Professional Coach and owner of the Jas Coaching Company
Second Answer:
I don’t believe you have to volunteer the conviction if the question is not asked and a release for a background check is not required.
If the question is asked on an application, or if you are asked for a release so that the employer can do a criminal background check, and if your conviction is a matter of public record, you will have committed a lie of omission that will be caught if someone chooses to actually do a criminal background check. That puts your integrity at risk, and no one wants to hire someone who has compromised his or her integrity.
That said, you may have to explain why you pled guilty to a felony you didn’t commit and were later exonerated from. The point for an employer is that a felon take responsibility for his crime and demonstrate rehabilitation; if you are protesting innocence and false arrest, you have to be persuasive and credible.
— Carol Anderson, Career Development and Placement Office, Robert J. Milano Graduate School of Management and Urban Policy at New School University in New York City
