I am writing from WV. . .I recently applied for a job at a local company. The application asked had you ever been convicted of a felony? To which I truthfully answered no. . .I haven't. Then after my interview I was asked to fill out a request for them to perform a background check. On that application the question was worded. . .in the past 10 years have you been CONVICTED of a crime (not felony or misdemeanor..just crime). To which I answered no as well. Now heres where it gets difficult. . . .in June of this year I was CHARGED with a worthless check charge for a check that I wrote that was returned. I honestly had no knowledge of that happening until I got a phone call from the Sheriff saying that there was a warrant for my arrest and I needed to come to magistrate court. I know that ignorance is not a defense of the law but anyway. . .I went in. . filled out the paperwork. . .they told me that I would get a letter setting a court date and I would appear at that time and either plead not guilty and be prepared to defend myself OR I could pay the fine at that time. Well. . .I have not yet gotten a court date set. So I answered no to the question. . .in the past 10 years have you been CONVICTED of a crime. . .and that is why my application is being turned down. They say I falsified information. I was CHARGED with the crime. . .not CONVICTED. . .so I thought I was okay in saying no. Are they wrong in refusing my application? I went to the magistrate court and conducted a background check on myself and that was the only thing that came up. . .however even the clerk said, there was no disposition on the case yet since it had not gone to court. So she was baffled at how with the verbage being CONVICTED they could refuse my application. Are they right or am I? I wasn't trying to willfully withhold information. I thought I WAS being honest. Please help. I need this job so bad. Also. . .if it turns out that they are indeed right. . .how long until I can fill out ANOTHER APPLICATION and "correctly" answer yes to the question and provide an explaination?

Also. . .in WV. . .can they ask for 10 years back or is is 7 years? Just curious.

Employers are only supposed to consider convictions, not charges. To do so otherwise could be seen as discriminatory. (The reason, minorities are charged with crime, more often than non-minorities. Theoretically, that isn't the case with convictions.)

I'm not sure about how far back they can go. I'll check on it and get back to you.