I was given a trespass citation in 2005 and the case was later voluntarily dismissed without any arrest, plea, conditions, or judgment. The employment form asks: "Have you ever had a finding or verdict of guilt imposed by a court or have you otherwise been convicted or found guilty of a crime, regardless of whether any fine, penalty, or sentence was imposed, served, probated, suspended, deferred (as in deferred adjudication), or otherwise withheld or set aside (for example, a finding of guilt or sentence held in abeyance and later dismissed upon meeting certain conditions such as good behavior, community service, completion of a course, or other requirements)? Include any conviction by a general or special court-martial while in military service."
Thanks for your interpretation.
The question asks for a record of previous "convictions" and "findings of guilt". When the states attorney does not prosecute a case, it is impossible that either a conviction or finding of guilt has occurred. Since the question does not ask you if you were "cited", but specifically asks about a conviction, you can answer the question in the negative.
the question as have you ever been found guilty of crime. If the case was dismissed (and I would make sure it was dismissed) you can honestly answer that you have never been convicted of a crime.
Jennifer Sutherland LubinskiEmployment / Labor AttorneyColumbia, MD ·
I would respectfully disagree with my colleagues to the extent that you are applying for a security cleared position. In such cases it is better to disclose and explain than to risk jeopardizing your clearance.
