Q: Job application crime question based on past sting deemed petty misdemeanor
Currently applying to a few jobs and if the question arises on a an application for if you have ever committed a crime. I was hit by a sting operation years ago for selling cigarettes to a minor. The conviction was a petty misdemeanor which is also considered not a crime in Minnesota. Does this also show on background checks?
A: The correct answer, if it is have you have committed a crime, is yes. The fact that it was resolved as a petty misdemeanor, which is not a crime, doesn't mean that it wasn't a crime when the offense occurred. Questions like this are very specific on the language that is used, so I would be clear on what exactly you are being asked.
A: Under the Minnesota Court Rules of Criminal Procedure, Rule 23.02, "Certification as Petty Misdemeanor by Sentence Imposed," "A conviction is deemed a petty misdemeanor if the sentence imposed is within petty misdemeanor limits."
If a person was charged with a misdemeanor crime, then was convicted with a sentence imposed within petty misdemeanor limits, then that is not a criminal conviction. Rather, it is a petty misdemeanor conviction.
As for background checks, it would depend upon which government records are checked.
It would be on the public court record. But probably not on the public NCIC record. You could check those records (and others) yourself to see which show it.
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.