questions & answers

Question: My felony conviction has been set aside. How do I now answer job app question that ask if I have "any felony convictions" or that include an exclusion of "annulled, expunged, or sealed convictions". I now know my case disposition is "set aside" (not guilty, not expunged). Based upon I read in this article, I thought I would be able to deny the felony question on job apps but none of the job apps I've seen have asked for "prior" convictions. I have been logging those questions just in case I had someone to ask on how to respond now that I have set aside order.

Answer:

The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly.

Most applications will ask if you have been charged with a felony offense or will ask if you have been convicted of a felony offense. You would have to answer yes to the fact that you have been charged with a felony offense despite the fact that it may have been set aside. With respect to the conviction question, you have technically be convicted of a felony offense with a set aside being ordered later. It would depend on the language in the application and how the question was worded. There is some ambiguity in applications that may allow you to check "no" and if questioned explain that it was set aside. Sometimes not disclosing the offense is looked upon more negatively than the actual offense.

For more information see "Setting Aside Convictions and Restoring Civil Rights" on this site.