I was convicted of felony theft in 08 and since have completed the terms of my probation early and received early termination of probation due to completing terms and good behavior. I never was in jail, just had to do community service and contact with a probation officer. My question is now that I am off of probation and want to apply for server positions at bars- Am I LEGALLY obligated to disclose that I have a Felony conviction though I am not on probation anymore.... I only ask because most apps give you a space next to the question "have you ever been convicted of a felony" and the places I am applying to do not even offer the opportunity to explain the conviction.... I desperately need a job as I have been a stay at home mom shortly after my conviction and haven't worked since and need a job... I figured it was a server job and I know its not right etc. But I really need a job and do not want to get into any more LEGAL trouble and just recently am off probation so I dont want to mess it up by making a mistake I couldve prevented... I dont want to hear moral and judgmental opinions on this post I just want a straight answer if I can LEGALLY get into any trouble for lying on the applications by not disclosing my felony conviction on applications at Bars. Thanks and I appreciate taking time to read this.
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Parole, Probation Felony theft, off probation, applying to jobs question...
- Thread Starter mn2011
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army judge
Super Moderator
I doubt that you can get into any legal trouble if you fail to correctly answer the question. After all, you aren't giving a sworn statement.
However, most employers terminate people if they later find out you lied on the application. Some employers discover the "omission" or falsehood during the hiring process. That precludes you from getting interviews and potential job offers.
Employers can be very picky now due to the current economic depression. So, proceed at your own risk. You could get lucky. Or, you could get stopped before you begin.
However, most employers terminate people if they later find out you lied on the application. Some employers discover the "omission" or falsehood during the hiring process. That precludes you from getting interviews and potential job offers.
Employers can be very picky now due to the current economic depression. So, proceed at your own risk. You could get lucky. Or, you could get stopped before you begin.
bluemann33
New Member
You can say no, but if the company does a background check then as army stated, u r screwed. Good luck.
cbg
Super Moderator
You are not legally required to volunteer the information if it is not asked for.
However, if a literal and truthful answer to any question asked of you on the application or in the interview means revealing it, you will do yourself more harm than good by lying. If the lie is caught, and it is far easier than you might think for them to catch it, you'll be fired/placed on the do not hire list so fast your shoes will smoke. And then you have the added difficulty of explaining THAT to the next employer.
Many employers will forgive a single mistake if you are honest about it. Few will forgive being lied to, even a lie of omission.
Are you violating a law if you omit the information? No, you are not. But it doesn't have to be illegal for an employer to take exception to it.
However, if a literal and truthful answer to any question asked of you on the application or in the interview means revealing it, you will do yourself more harm than good by lying. If the lie is caught, and it is far easier than you might think for them to catch it, you'll be fired/placed on the do not hire list so fast your shoes will smoke. And then you have the added difficulty of explaining THAT to the next employer.
Many employers will forgive a single mistake if you are honest about it. Few will forgive being lied to, even a lie of omission.
Are you violating a law if you omit the information? No, you are not. But it doesn't have to be illegal for an employer to take exception to it.
Thank you all for your replies... I will just bite the bullet and be honest.... just sucks that they don't even give you the option to explain... and the fact that my theft was from an employer... I am pretty much screwed unless I can get it expunged... Guess I'll be paying for this for a long time- hopefully by the time I finish my bachelors degree I will have the record expunged.... 
thanks everyone.
thanks everyone.
cbg
Super Moderator
Just because there is no room for an explanation on the application does not mean that you won't be given an opportunity to explain in interview.
Proserpina
Moderator
That's often quite true. And let's be honest - stealing from a previous employer pretty much rules you out for most (if not all) retail positions.
At least those where you'd be handling money.
At least those where you'd be handling money.
army judge
Super Moderator
Just stay on the straight and narrow. Don't let one foolish lapse in good judgment deter your progress.
Things take time. You tried the easy way and it didn't work.
Keep trying and someone will give you a second chance. It will take time, patience, and perseverance. Stay the course and don't give up or give in to anymore temptation.
cbg
Super Moderator
I have a friend who used to work for a company that had a policy of hiring people directly out of jail. (She no longer works for that company or even lives in the same state, so please don't ask me for details.) There are companies who will be willing to give you a chance. It may indeed take time. But it's much better to be hired with the company knowing about your history than to go to work every day wondering, Is this the day they catch me and I get fired?
bluemann33
New Member
you could always fill it in off to the side
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