Is a civil violation a crime for an employment application?

Business 7 views 2 answers
Hello, My question is about whether a civil violation should be reported when an employment application asks about convictions or pretrial diversion for a crime other than minor traffic violations? I was cited for possession 10 years ago in Maine where the amount of marijuana fell under the amount necessary to be considered a civil violation. The case was dismissed after I met the condition of staying out of trouble for something like 6 months, which based on my reading was some type of pre trial diversion program? I may have to go through an FBI background check so if this is something that may show up I'd like to know how it's reported. I've always answered no to conviction questions because it was dismissed but since it asks about pre trial diversion, I don't know what to put.

Attorney Answers

2
Chris Nielsen ·
The charge for civil possession of a useable amount of Marijuana will likely show up on an FBI background check. I think the critical factor is if you admitted to conduct. If your case was "filed" then you never admitted to conduct as your "not guilty" or "denial" was the only plea ever entered. If you were on a "deferred disposition" then you would have been required to plead guilty or admit to the possession. Both a filing and a deferred disposition would count as a pretrial diversionary program. Also, the question on the application is important to. Civil possession of Marijuana is not a crime. Its a civil violation, but if the application asks about "drug related offenses" then civil possession of marijuana would fall under what that question is looking for. In sum, you were on a pretrial diversionary program, but not for a crime. If the application asks about drug related offenses then the possession charge would count under the pretrial diversionary program. Notwithstanding all of this, if you are going to be subject to an FBI background check, the charge for possession will likely show up, but it will also show as being dismissed.
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Robert Degroot ·
It depends upon the exact wording of the questions you must answer. If you could provide them to us, we might be able to assist in giving an adequate response. Typically, you answer only what has been asked, truthfully.
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