Continuance without a finding ------ How does this effect future employment?

Hi everyone,

When I was 17 I hung around the wrong crowd that manipulated me into stealing some money. I did get caught and I was charged as an adult. My charges were larceny over $250 & ID fraud. To say the least, my friends turned against me. (Go figure, right?!)

Anyways the judge gave me a continuance w/out a finding. I had to pay restitution & check in with probation once a month. After 1 year, if I didn't get into any more trouble, it would be dismissed. Needless to say, I complied fully with probation. Paid back the money I stole & never got into trouble since.

I learned my lesson & for 7 years (I'm 24) I have never gotten into trouble. I seriously learned that I didn't like being on the opposite side of the law.

I just got laid off after working 4 years w/a company. I now have to seek employment. When I am asked if I have any convictions or felonies on my record, I can answer "no" w/out lying, right?

I don't have any felonies nor have been found guilty.

Still reading

You need to be certain that the charge has been dismissed. Oftentimes, the promise is that it can be, but that doesn't make it automatic. Go back to court and get the record dismissed. In most states, for most jobs, employers aren't allowed to use non-convictions to make a hiring decision.

Once you're certain the count has been dismissed, you can safely answer that you have no convictions.

Your certainty that you have no felonies may not be correct. Each state is different, but if you had a full year of probation, the original charge may have been a felony.

Brian G

If they ask if you have ever been convicted, you can honestly answer no. If they ask if you have ever been charged, you may have to tell them what happened. You say the charge was dismissed, not expunged from your record, so they may be able to find the charge against you if they do a background check.

beez

Some employers ask, or their application requires, 'have you ever been arrested?' If I were you, I would go to the courthouse records clerk, criminal division, and ask if there is a file under your name. If so, go over it carefully. You aren't allowed to remove it from a certain area of the courthouse. If you have a file in juvenile records, it is sealed to the public, which means it won't show up anywhere.

Jose & Cam

Though it depends on which state you were in when the event took place, it sounds similar to the First Offender's Act here in Georgia. I will answer based on what I know of this particular Act and others like it.

If the charge was eventually dismissed, you can answer "No" truthfully to the question of any convictions. Your prospective employer still has the right to investigate the same, but may not act against you or dismiss you on the ground that you lied on the application. Please do some research on HR law and what employers can and cannot ask you about your record and what information you are or are not required to divulge. The fewer facts you can give while still being honest is always beneficial.

You may want to look into having your record expunged if the charge was not automatically removed from your record. Because the charge was dismissed, you should not have any problems.

There are usually a few exceptions to this rule. Don't worry though, most applications that have special conditions will spell it out for you. The conditions I know of are:

(1) Most states enter into interstate agreements that if one does not recognize you as a convicted felon, the other will not. These agreements are made on a state by state basis. If you are applying for a job with a company headquartered in a different state, they may instruct you to answer "Yes" and explain even if you are not considered as convicted in your "home" state. If the two states do not have a reciprocal agreement, this is not illegal.

(2) There are also certain jobs requiring special licenses or certifications that you may have to jump through hoops to obtain even if you are not considered to be convicted of a felony. In these cases, they usually require certified court documents proving what you say and documents related to the fact that you now live an upstanding life.

If you do not have certified copies of the documents proving the dismissal, it may be wise to obtain them.

God bless you and best wishes.

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