Criminal Trials, Hearings Set aside motion - Job applications

[FionaApplebaum]

I have a class 6 misdameanor (was originally an open Class 6 Felony) charge from 1994. In December of 2009, I filed for this to be set aside. It has been...How do I answer the following question on a job application: Have you ever been convicted of anything other than a minor traffic violation?

2nd question: How do I explain what having this charge set aside means to a prospective employer? Is it accurate for me to say that the state of AZ no longer considers me guilty of this charge? I'm afraid a background check will show this charge (I'm sure it will) and will or won't show the set-aside judgement. What if a prospective employer accuses me of lying if I can answer "No", never been convicted of anything other than a traffic violation. I am in no way looking to be dishonest or hide my past, I just need to be a more informed person in regards to these legal procedures. ~ Thank you very much...

 

[fredrikklaw]

You are clear to say no!

Your saving grace here is that the charge of felony was reduced to a misdemeanor and now that the conviction has been set aside, you are free to answer with absolute confidence any question or inquiry, including without limitation, an inquiry in an employment application, that you have NOT been convicted of any crime other than a traffic violation.

In light of this, your second question is moot since you do not have to give any other explanation to a prospective employer, except in instances where the conviction that was set aside was a felony, in which case you would have had to mention the setting aside order.

As for background checks; the whole point of having records of convictions recalled, expunged, or set aside is so that the person has a better chance of advancement in life without the hindrance of such blemishes on his records. From this point on, your past indiscretions are visible only to law enforcement and not the general public.

Unless of course, your reoffend and start up a whole new collection.


Good luck with the job application.

fredriklaw