How should I answer a job application question when I was charged with stealing but it was amended?

Question

The application asks if I have been convicted of any crimes within the past 10 years.  Two years ago, I was charged with Possession of Stolen property but the charge was amended to littering and I paid the fines for it.  On the application, I agreed to a criminal background check.  I have had one done before and the company said the criminal history report indicated that I was arrested on the charges of stolen property, but not what action did the police take.  Should I answer this question yes, because if when they do a background check it will show the arrest, or no because I was not technically convicted of stealing but of littering? P.S. I am trying to work in a pharmacy, I know stealing will not look very good at all, but I am trying to turn it around.

Michael Palumbo · Answer

To give you an accurate answer to this query I am going to have to be retained (i.e., paid). I would have to pull the criminal records to see what you were charged with and what you plead to, and take a look as the specific query on the application in order to advise you on how to truthfully answer.

Jared Altman · Answer

Your answer should be "no".

Jeff Yeh · Answer

State what you were convicted of (and never what you were charged with as this is irrelevant).

Jacob P. Sartz · Answer

That's a challenging question. If littering was a civil infraction, then technically, it's an adjudication and not a conviction. Usually, "convictions" are terms applied in misdemeanor and felony matters. If you  need specific legal advice, I'd recommend you retain a lawyer to assist you.   Generally speaking, applicants may have more success disclosing some basic facts about the situation that will be found in routine check rather than attempting to be deceptive or deceitful about the situation. Specifics usually aren't necessary. However, it is very difficult to completely seal-out any record of an arrest. Background checks available to the public are becoming more comprehensive. If an applicant explains the basics of a situation, at least that way the employer can make their own determination without suspecting that the applicant is attempting to withhold information from them.

Dennis Roberts · Answer

Truth will not get you the job.

Cynthia Henley · Answer

What I would do is get a copy of the charging instrument as well as the final judgment and sentence and fully disclose that way because criminal record checks are confusing to most companies.

Mark Broughton · Answer

Answer yes, you were convicted of littering. But you should get the exact code section to make sure that this is what you were convicted of, and if it was a misdemeanor or an infraction (like a traffic ticket, fine only), you should be specific so you can accurately minimize the impact.

Samuel H. Harrison · Answer

Reply that you were convicted of littering. If the employer asks, tellthem that you were charged with possession of stolen property but the charges were dropped.

Craig Elhart · Answer

Honesty is generally the best policy.  If the arrest will show on your background check, then tell what happened.  It will look worse if you say no and they find it on a background check.  Also, with some companies, lying on the application is grounds for discharge.

Steven D. Dunnings · Answer

You need to go to the County Clerk's office to get a copy of your criminal history to see what is on it. If you were not convicted of stealing, then you can honestly answer no, but is littering a misdemeanor or just a civil infraction? In some places it is a misdemeanor.

Dorinda Ohnstad · Answer

You only report actual convictions, if they ask about "convictions." If asked about the arrest you tell them the possession of stolen property charge was dismissed.If application asks about arrests you list the arrest, but note that charges were dismissed or reduced.

Michael J. Breczinski · Answer

In this matter I would answer that you were convicted of littering. I would also go get a copy of the court docket for the case so that you can show the conviction was for littering, if asked.

Michael Maltby · Answer

If the littering charge that you paid a fine for was a civil infraction (and not a misdemeanor) then you should answer "no" because you would not have been convicted of a crime.

Cindy L. Barton-Coombs · Answer

You should answer that you were convicted of the littering. You should also do an expungement so that none of this is an issue.

Steven Raiser · Answer

Since the application asks, if you've ever been convicted of any crimes within the past 10 years." You can simply say no as long as you were not in fact convicted of any crime. No explanation is required.

Kathryn Hudson · Answer

You should answer truthfully but amend your answer with an explanation. Not disclosing and then having them find the arrest is far worse than getting out in front of the issue.

John DeVito · Answer

You should answer the question asked. If it asks if you were convicted you should state "no". If it asks if you have ever been charged with a crime then you must answer and explain. If they do a background check and then question you, then youshould disclose and explain what happened. You should also have available a certified copy of the Court Docket Sheet which will show the amended charge and the dismissal of the Receiving Stolen Property charge. Your other alternative is to attempt to seal your record.

Daniel Kieth Martin · Answer

That question should be answered in the negative, or no you have not been convicted because the charge was amended.

Jeffrey Pollock · Answer

Since one is innocent until proven guilty, questions about arrests are unconstitutional and you can honestly state that you have no criminal convictions.  More importantly, you should hire a lawyer to Petition to Expunge your old arrest a.s.a.p. so that this is never an obstacle again.

Stephen Freeborn · Answer

It is always best to tell the truth.  If the questionnaire asks:  Have you ever been convicted of a crime, your answer would be "yes, for littering". That conviction should not disqualify you, but if you lie on your application and they find out, that most certainly will cost you your job.

Mark R. Thiessen · Answer

You were convicted of littering, so you must admit the conviction.  But if it asks have you ever been charged, then you have to admit the original charge.  Kindof a judgment call for you though.  If you admit, you don't get the job, right?  But if they find out, then they fire you?  Really your decision is whether you want to get the job and let them see if they can find anything on you.  If anyone asks, tell them it was a big misunderstanding and let them know your side of the story of the charge.

Michael Morgan · Answer

Littering is not a crime in most (if not all jurisdictions) so it would appear you have not been convicted of a crime. There is, by the way, a mechanism to request to have your arrest deleted from your record so it won't appear on background checks.

Daniel Kiss · Answer

I have had a lot of clients face this problem. I think you should answer the question by saying you were arrested for the stolen property offense but it was reduced to littering. The employer will find out anyway. If you front the information first, it gives you the chance to appear forthcoming instead of claiming later that you didn't think you "technically" had to answer. In a way, the question is a test to see what you are willing to be honest about in the first place.  They might not give you the job. But I think they'll fire you later if you don't divulge what happened and they have to find out what happened from the background check. By then, they'll be less interested in any explanation you might have.

Andrea Rogers · Answer

You should answer that you were convicted of littering. You pleaded guilty to a charge of "littering" and that's the only conviction that  will be on your record.

H. Vititoe · Answer

If the application asks whether you we're convicted of stealing or not, then you can truthfully answer "no". If it asks whether you were arrested or charged, you must indicate that you were.

Gary Moore · Answer

You could go to the municipal court and get a certified statement of the disposition of the case and keep it in case there is a question raised by the background check. If the question is whether you have been convicted of a crime, littering is not a criminal offense. It is a petty offense which is less than a criminal offense.  You might consider expunging your record. It would seem that enough time has passed to apply for an expungement.

Michael Lynch · Answer

Your approach sounds solid.  Many people are charged with crimes only to  find out the original facts were exaggerated.  If the question is about  convictions, you can honestly disclose the conviction for mere  littering.  However, if the conviction was plead as a misdemeanor, and  the time for probation has passed, you can expunge that conviction and  feel confident in declaring no convictions.

Simon Brian Purnell · Answer

The truthful answer in this situation is that you have not been convicted. In order to avoid the problems associated with the background check, you should have your record expunged which should be available in the situation you are describing.

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How should I answer a job application question when I was charged with stealing but it was amended?

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