Q: Is traffic ticket a conviction that needs to be listed in job application?
Minn driver given ticket for driving on expired license from another state. Had moved to Minn and not obtained Minn license within required time. Is this a conviction to be listed on job application? Happened 5-8+ years ago. Don't know reason for stop. No other ticket reported from this in Jenny.
A:
Each person completing a job application must decide what to include. A lawyer who practices in the area of employment law might be able to shed light on any questions about that. As far as whether a traffic ticket is a criminal "conviction" The vast majority of traffic tickets are classified as "petty misdemeanors," which are defined as "not a crime" but rather a civil infraction punishable by a fine only (no arrest or jail possible). A few are charged as "misdemeanor" or "felony" crimes, which can result in arrest, jail or prison. Even many of those that are charged as a misdemeanor crime, result in a petty misdemeanor conviction. The first step then, is to look at whether the original charge was a petty misdemeanor vs a criminal charge (misdemeanor of felony). The second step is to look at the outcome and sentence if any. If convicted and the judge gave a petty misdemeanor sentence (fine only, no probation, no stayed sentence) then a case with a misdemeanor charge but a petty misdemeanor sentence becomes a petty misdemeanor by court rule. (Also, sometime the court will undo a conviction after the completion of probation.)
Last, consider the word "conviction." In Minnesota, a person can be "convicted" of a petty misdemeanor. This is poor use of language in our statutes, since it creates ambiguity and confusion. Why? Because the word "conviction" is associated with "crimes" or "criminal" in every other context, except in the case of a petty misdemeanor, which is not a "crime." As a result, currently in Minnesota a person can be "convicted" of something "not a crime" but a "civil infraction." The laws should be changed so that a person adjudicated responsible for a petty misdemeanor violation is not labeled "convicted."
Since most job applications are looking for CRIMINAL convictions and a petty misdemeanor is not a "crime," should a petty be listed in response to such a question? On the other hand, one might expect job that include driving for the employer might care very much about petty misdemeanor traffic violations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
