I filled out a job application and listed I do not have a criminal history. 10 Years ago I received a petty misdemeanor for minor consumption in the state of Minnesota, which by law is not considered a crime. I am submitting an FBI background check for my job and am wondering if it will show up as criminal activity and was I wrong for marking "NO" to criminal history?
Answer
In this digital age, and post 09-11, too, typically an electronic 'trail' exists ad infinitum. As to job application questions, rule of thumb is carefully read the question and answer honestly what's asked of you.
Tricia Dwyer Esq.
Tricia Dwyer Esq & Assoc PLLC
ph 612-296-9666
Minnesota Criminal Defense Attorneys
Minnesota Employment Law Attorney
Answer
It would depend on how the query on the application was worded. There are several variations of the question (e.g. arrested for; convicted of; sentenced to a felony, misdemeanor, or anything illegal.) This really isn't a legal question in the sense that neither you nor the company is going take this to court. The only result would be whether or not you get the job. When it comes down to it, it depends how you sleep at night and whether you want to have to defend yourself in the future if it comes up (if they ever find out.) I would probably check NO, but explain the petty misdemeanor in the lines that are usually provided in an application. I am not sure if this would help or hurt in your situation. Your potential employer could see this as you being forthright and honest. Or they could use this as reason not to hire you by splitting hairs. I don't know you or the company, but I'm guessing somebody (if not all of them) in charge of the decision had a drink before the age of twenty-one. The most important thing is to be honest, and the second do not play games.
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