Applications for jobs, etc. ask I have any arrest or conviction. I was arrested and convicted, but it was thrown out on appeal. My record is clear of any conviction. Must I report it on the application?


1 Answer 1


You were arrested but not convicted

The questions are not complicated - they ask what they ask.

Whether you have to answer truthfully depends on the context. On an employment application form, you are seeking financial gain (pay for the job) so doing so dishonesty is technically fraud. While it’s unlikely an employer would press charges, lying on the applicant is grounds for dismissal.

  • More likely pressing charges, the employer could use lying on the job application would be good cause to deny you severance benefits, unemployment insurance benefits, or a claim of damages from job discrimination or some other for of wrongful termination of employment. Some jurisdictions, however, have a "ban the box" law that prohibits employers from asking and in those cases, there could usually not be any penalty for not truthfully answering the prohibited question.
    – ohwilleke
    Commented Apr 17 at 21:16

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