Q: Do I need to put a misdemeanor on a job application if it’s been set aside?
I received a misdemeanor citation in Nebraska. I live in Florida and was there temporarily. I had the charge set-aside by the county court I received it in.
I’m interviewing for a position with Fl DCF and received some paperwork to fill out. Do I need to put my citation on the application if it’s been set-aside?
I recently did a background check for a cashier position at Home Depot. When I filled out the background check form I put my misdemeanor on there but when the results came back, it said no record found. It’s confusing. This is my only criminal record.
As per Nebraska government website:
A set-aside is an order by the judge who sentenced you in a criminal case which voids the conviction. As part of the decision to set-aside a criminal conviction, a judge must believe that it is in your best interest to do so and that setting aside the conviction is “consistent with the public welfare.” The decision is discretionary, which means it is completely decided by the judge.
A: I'm not certain what "set aside" means, since this isn't a term used in Florida to describe how cases are resolved. Does it mean the case was dismissed? Does it mean the record was sealed or expunged? More information is required. In any event a job with DCF requires a Level II background screening, so the arrest will come up. It just depends if the way the case ended up disqualifies you from the position.
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