<p>This is an entirely different argument of course, but this is a load of crap on the HR department’s part - for all legal intents and purposes, an expunged conviction never happened, and you can legally answer no to the question “have you been convicted”. But this wording is trying to get you to reveal it anyway.</p>
<h2>What about the situations where someone was convicted but later proven to be completely innocent (e.g. a miscarriage of justice)? Why should such a person have to ever reveal the conviction, under any circumstances? ~ Icarus</h2>
<p>Well, you always have the option of not applying for the job, so they aren’t forcing you to reveal anything. </p>
<p>Now, of course, these are extreme examples and I’d wager most HR companies don’t use scrutinize an applicants background that thoroughly. However, any position that requires a security clearance or public trust (Law Enforcement) will certainly be held to this level.</p>
<p>A company is completely justified to ask applicants these questions, regardless if you think it’s fair or not. Personally, if I was hiring an employee that would be responsible for money transactions, I would want to know if they had a previous criminal offense for theft, expunged or otherwise.</p>
<p>This varies greatly from state to state, so please take this into account, but generally speaking it is rather easy to locate an expunged record, but it’s often sealed (same with juvenile offenses) and the actual offense isn’t available. It only says that there is an offense, but no further details. So technically, the offense is “wiped out”, but anyone with a brain can figure out that something fishy is going on. That in itself could potentially be enough for a company to “go in another direction”, so it’s best to be honest from the get-go.</p>
<p>Unless there is something major in a person background, I wouldn’t get to jumpy. Things like Underage Drinking and DUI’s are rarely deal breakers, unless the applicant tries to lie about their history.</p>
<p>I have an Underage Drinking charge from when I was 16 and it’s never been an issue (the judge threw me a bone and just let me off with a warning and a lecture), including law enforcement positions and security clearances. Since the offense happened prior to being 18 and was handled at the District Magistrate level, the record is virtually impossible to locate without have detailed knowledge of the incident. You’d have to do an in person search at the actual magistrates office which held my case, so if a company was just doing a standard background investigation they would never in a 1,000 years find it, unless they paid an investigator to do a search at every magistrate in 3 counties, which would cost thousands of dollars. Regardless, I always list it on my applications if the language requires me to, which is rare.</p>
<p>Most will just ask if you’ve been convicted of a felony, and perhaps misdemeanors related to your duties (so if you are driving company vehicles, a traffic record/DUI perhaps).</p>