How to answer a job application regarding criminal offenses ifI went through an alternative sentencing program?

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How to answer a job application regarding criminal offenses ifI went through an alternative sentencing program?

I was arrested for DUI on 01/10. It was a 1st offense and I went through the ARD program. I am now applying for jobs and looking for apartments. Applications are asking if I have ever been convicted of crime, pled guilty, or no contest to crime. I thought this was expunged off record as soon as I completed ARD. Is this true? If so, does that mean I do not have to answer yes to these questions?

Asked on February 2, 2011 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Offenders have their DUI expunged  (ie cleared) from their criminal record once they complete the ARD program.  This means that you can truthfully answer "no" if asked about a criminal conviction, etc.  It will appear to the general public as though you never got in trouble.  However, the courts and law enforcement will still be able to see your record and it will affect you if you ever get charged with another criminal offense.  While this process should be automatic, sometimes this does not occur.  So you should make sure that your DUI was actually expunged before applying for a job.  The way to do this is to run a check of your criminal history.  You can contact a local police department for details or the State Police.


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