Do I list felony on job application if reduced to misdemeanor?

Bankruptcy and Debt 2 views 3 answers
In 2004 I was convicted of two class 6 undesignated felonies . After completing probation they were reduced to misdemeanors in 2007 . On job applications , do I need to check " yes " for the question ( s ) " Have you ever been convicted of a felony ? " and / or " Have you been convicted of a misdemeanor in the past 7 years ? "

Attorney Answers

3
William Jones ·
The second part asking about misdemeanor convictions would seem to require and answer of YES; the first part would be no. Does the application request an explanation for a Yes answer? If the answer to my question is Yes then it looks to me like your going to need to explain the whole situation. Local CO attorneys will undoubtedly respond here and may well have a different take on this matter. One of the difficulties now that were well into the Internet age is that it is extremely difficult to get information off of the Web. There are websites that are designed to harvest information about criminal charges from both official and unofficial sites. If the official site now shows your conviction to be for misdemeanor offenses, the previous designation of them as felonies may still be available to the resourceful and dedicated searcher. What you don't want to have happen is for a background check by a prospective employer to suggest that you have lied or been less than forthcoming on your application--if they come to that conclusion you definitely will not be hired, or, if already hired you can anticipate a termination. It's a really tough spot to be in and one that many, many people are struggling with now.
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Daniel Deasy ·
I was a prosecutor in Colorado for a number of years and have never heard of felonies being reduced to misdemeanors in Colorado cases. If this occured in another state, that is the place to start to make sure you understand what really happened in your case. That said, explain the situation to your potential employer -- they will appreciate your honesty. Good luck. Dan
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Lori A BeckCriminal Defense AttorneyGreenwood Village, CO ·
It sounds as though you may have plead guilty to a split plea. What this means is that you received a deferred judgment on the felonies but plead guilty to the misdemeanors. If you sucessfully completed the necessary requirments of your sentence, the felony would be dismissed. If this is what happened, you can answer no to the felony question, but yes to the misdemeanor questions.
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