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  • Question on application Florida

    How do you feel about the following question/disclosure on an application?

    Have you ever pled guilty or "no contest" to a crime or been convicted of a crime? __ Yes __ No Please give date and details of each.
    Disclosure of a conviction does not automatically disqualify an applicant from consideration from employment. DO NOT include information about convictions that have been expunged, sealed, or are otherwise pursuant to any Federal or State statute.

    I have a feeling that this statement could be a violation of EEOC guidlines and would like to recommend a change in this verbiage to remove pled guilty or no contest to "have you ever been convicted of a crime".

    Appreciate any input.

  • #2
    On what basis do you differentiate conviction from a guilty or no contest plea for employment law purposes?

    Comment


    • #3
      Good thought, is there a difference between pleading guilty/no contest and a conviction. I am thinking that the case may end up being dismissed with no conviction. So while there may be an arrest record and a plea, could there be a time when there would be no conviction?

      That leads me to my question about changing the verbiage to just conviction. I know I can't use just an arrest record in hiring decisions.

      Comment


      • #4
        A plea means the person admitted guilt for the crime. During the proceedings, the judge asks if the defendant understands what they are pleading to and requires the defenant to explain their version of a crime.

        So if there is a plea deal, there was admission of guilt to the crime and no trial is needed but there was still a conviction.

        I have heard of minor crimes where if the defendant stays out of trouble for a year the crime is removed from their record but I think that would be covered under expungement.

        Comment


        • #5
          Being found guilty, pleading guilty, and pleading no contest all have the same connotation: you were legally responsible for the illegal activity. The only difference is in how much you fought the case.

          If someone has been convicted of murder, plead guilty to murder, or plead no contest to murder, they are still legally a murderer.

          Comment


          • #6
            Originally posted by TSCompliance View Post
            Being found guilty, pleading guilty, and pleading no contest all have the same connotation: you were legally responsible for the illegal activity. The only difference is in how much you fought the case.

            If someone has been convicted of murder, plead guilty to murder, or plead no contest to murder, they are still legally a murderer.
            Absolutely correct! Pleading no contest results in a "guilty" charge in any court of law.
            Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

            I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

            Comment


            • #7
              Originally posted by FloridaHR View Post
              Good thought, is there a difference between pleading guilty/no contest and a conviction. I am thinking that the case may end up being dismissed with no conviction. So while there may be an arrest record and a plea, could there be a time when there would be no conviction?

              That leads me to my question about changing the verbiage to just conviction. I know I can't use just an arrest record in hiring decisions.
              Base your decision on conviction/plea of guilt/finding of guilt through a no contest plea, but not on simply an arrest, and you will be on solid ground.

              Comment

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