Do I Have To Put An Expunged Criminal Charge On A Job Application?
Experienced Baltimore criminal defense lawyers have been asked the question over and over. It is probably in the 10 ten, maybe the top 5, questions I get.
Do I have to put an expunged charge on a job application?
Most applications asked if you’ve ever been convicted of something. However, some may ask you to disclose arrests or charges. An arrest, even the filing of charges, are not convictions. You must pay attention to the questions you are asked. Some individuals express uncertainty about whether or not they were convicted. Generally, if you've been convicted of a crime, you understand and remember the fact. A judge was involved. There was a trial or a plea. A judge gave you a sentence of some type. Historically, convictions could no be expunged. With new procedures, some newly created, notable exceptions after a lengthy wait, one can expunge certain convictions.I point my clients to 10-109 of the Criminal Procedure article.
That section states that disclosure of expunged information cannot be required in a job interview or on an application.
The section also provides that a person need to refer to an expunged records when being asked about a criminal charge that did not result in a conviction.
-This Article was updated by Eric Kirk on 4/14/20.