Sahuarita, AZ asked in Criminal Law, Employment Law and Employment Discrimination for Arizona

Q: If a misdemeanor was dismissed in virginia do I need to disclose it in an interview in Arizona?

Pleaded guilty but was dismissed in Virginia. Do I have to disclose the misdemeanor in an interview or asked?

Will a dismissed case affect my chances of getting hired ?

1 Lawyer Answer
Mike Branum
Mike Branum
Answered
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: Ah, the lawyer's favorite answer: "It depends."

If the question is: "Have you ever been charged, arrested, accused, etc. of a crime (if they either do not specify or specifically mention misdemeanors)?" then you would be untruthful if you replied in the negative.

The more common question is "Have you ever been CONVICTED of a crime?" Most employers will specify felonies because there are a LOT of misdemeanor convictions that have little to no bearing on a person's suitability for employment. Just make sure you understand the question and if in doubt, disclose. Employers will appreciate your honesty.

Caveat: IF you have had the charges expunged from your criminal record in Virginia, you are no longer required to disclose the arrest / charges because they have been removed from your record and, when that happens, you are entitled to treat it as if it never happened.

Good luck in your interview!

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