Back to Freedom, Back to Work.
The first week of May begins and restrictions are easing. As we wander back out into the daylight, many of us have lost jobs and need work. So there you are, sitting down at the computer and filling out an online job application. Then you see it, the question, “Have you ever been convicted or a crime?” Thoughts of worry flood your head.
You need to work and can’t wait. With so many people simultaneously looking for work, the job market will be as competitive as ever. Employers will have tons of applicants. The wrong answer could cost you the job, lying could cost more. You realize getting the answer right is important.
Whether you have appeared in front of a judge before and you’re not sure what happened, the case just went away after a few months, you never appeared before a judge, you just paid the ticket and that was it, or it was long ago (maybe in college perhaps). You did everything your lawyer told you, isn’t that enough?
In Oklahoma, there are generally three ways a criminal case may end: dismissal, conviction, or a deferred sentence. If the case was dismissed or you were given a deferred sentence, it means your case ended without a conviction. Congratulations! This is a win, and you should answer “No” on the application. On the other hand, if you spent time in jail or prison, paid a fine, and/or were given probation on a suspended sentence, then you were convicted and probably need to answer “Yes” on your application. Many people are surprised to know this includes any time you have paid a traffic ticket or even entered a plea of “No Contest” to get rid of a ticket. But don’t worry! Unless the job is in transportation or requires driving, most employers do not care about traffic offenses (some may as it impacts driving and insurance issues). This is where it is important to pay careful attention to the question asked.
Regardless of your answer, you should be prepared to answer any questions to put your potential employer at ease. If you are worried, it is a good idea to seek the advice of an attorney. Hiring an attorney can help you understand how to handle the situation, answer questions, and protect your record. In many cases, it may be completely possible to “clean” your record with an expungement. (Get a fresh start!) As Oklahomans begin to stir from quarantine, let’s do it with confidence and pride. We are all in this together.
Still not sure? I can help. Call John Boozer Attorney at Law today (405) 822-8504.