Legal Question in Legal Ethics in Florida
Telling the truth about an expunged record
I was arrested amd pleaded nolo contender sp? The record is sealed, but I may have it expunged. While I was filling out a job application, one of the questions was ''Have I ever pleaded nolo cond.. and have I ever had a record sealed or expunged?'' If the record is expunged, would it be illegal for me to answer the question ''No.'' Furthermore, even if it is illegal, can they fire me, given that it has been expunged, which seems to me akin to being ''forgiven and forgotten'' by the state for the offense?
1 Answer from Attorneys
Re: Telling the truth about an expunged record
The only legitimate question a prospective employer may ask is if you have ever been convicted of a crime.
By definition, when a conviction is expunged, there is no conviction and therefore no requirement that the question be answered affirmatively.
It may be they can fire you if you live in an employment-at-will state, but then they can do that anyway for any or no reason. They may also be able to fire you for a false answer in their eyes, although the questions you quote are neither relevant to employment nor legitimate in the employer's interest, unless it is a government agency or a job requiring a security clearance.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
