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Felony charge marijuana possession question on Disciplinary Questionnaire Arizona

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  • Felony charge marijuana possession question on Disciplinary Questionnaire Arizona

    Hi there,
    In the summer of 2007 I was arrested in AZ for a possession of marijuana charge (under a gram) and it was listed on arrest record as a class 6 felony. At my initial hearing, I was sent to a pretrial diversion program called TASC which I completed and the charges were officially dismissed in feb 2008.

    I need to fill out a form for the SEC and it asks if you have ever been charged with a felony. I read in another forum posted by a lawyer that since I was sent to pre trial diversion (like most cases of first time offenders), that I was not formally charged and can therefore answer "no" to the felony charge question.

    There is a 10 year look back period and I am right on the cusp seeing as the incident happened in July but the case wasn't dismissed until feb 2008.

    Thank you so much for any insight you can provide.

  • #2
    Is there room on the form to provide an explanation? Or alternatively, do you have a contact you can speak to at the SEC and explain and ask?

    I can't speak for the SEC, but as an employer here's how I would look at it. If you checked yes, and provided the same explanation you have here, I wouldn't care about a minor possession charge from almost 10 years ago. But if you checked no, and it still turned up in your record, I would dismiss you from consideration for lying about it. Probably wouldn't even ask for the circumstances.

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    • #3
      Agree with Rick.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Ditto to what the others two have said. I too working an industry with mandatory criminal background checks and failing to disclose means bye-bye.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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