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  • Applying for a job

    I entered a plea of nolo contendre to Grand Theft (lots of bad checks). I got an order withholding adjudication of guilt and placed on probation.

    I'm looking to apply for a new job. My probation officer said that since my adjudication was withheld I could check off NO if they application asks if I was convicted of a felony. Is this true? I live in the state of Florida. I left that out of my thread title.

    My thing is the place I'm applying at a place that will do a background check. If I make it to the inteview I'm going to let them know.

    Should I apply and hope for the best?

    Does anyone have suggestions?

    Words of encouragement?

    Thanks!
    Last edited by hopeful78; 05-18-2008, 04:43 PM.

  • #2
    You might be better off asking this on one of the employment forums.

    Do you have a reason to believe that your PO would steer you wrong? What your PO said makes sense. Since adjudication was withheld, you've never been convicted.
    Militant Agnostic- I don't know and you don't know either.

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    • #3
      Thanks Billy Mack!

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      • #4
        It is my understanding of the law that you may truthfully assert they you were not convicted of a felony. IMO, you can check no on the application form.

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        • #5
          Kid, if your PO says it's so, then consider it so. Your PO is a professional. Trust him/her.
          I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
          Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
          I also may not have been either sane or sober when I wrote it down.
          Don't worry, be happy.

          http://www.rcfp.org/taping/index.html is a good resource!

          Comment


          • #6
            You're probation officer is largely correct.

            (Assuming you have no other felony crimes on your record)

            If you are asked "Have you ever been convicted of a felony?", you may answer no. You have plead no contest to the felony charge but a formal conviction was not made.

            There are a few job applications may ask a more detailed question. If they ask...

            "Have you ever been arrested and/or convicted, found guilty, had adjudication withheld, or entered a plea of nolo contendere (no contest) to a crime?"

            If so, you'll need to be honest with your interviewer.

            Chances are such a question would be asked for a position when a more rigorous background check is performed, such as working in the public trust (school, nursing home, etc.)

            Getting around a situation is not impossible, especially with your good attitude and desire to work. Fingers crossed for you.

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            • #7
              Thank you so much for everyone's response! I'm gonna go for it. Hopefully I will get this job. If not ..I'm gonna keep on trying. I'm not going to let one terrible mistake (haven't gotten into prior troubles) define who I really am as a person.

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              • #8
                Despite the comments above, when the employer finds out what happened, they will count it as a conviction and can you for lying on the application, even though, technically, it is not a conviction. At least not yet.

                You need to let the potential employer know what happened. If they get surprised, they won't be pleased.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                • #9
                  Agree with Scott. They most likely will pick the hx up on a background check & they won't be too happy. They may consider it a "lie by ommission" if you didn't tell them beforehand what happened.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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