Legal Question in Employment Law in Georgia
Question in Job Application
On a work application I was asked if I had been charged of a FELONY or a NON-FELONY case even if the case was expunged, dismissed, revered, etc. by any STATE, federal or military court in the US or any other country... I was charged of a misdemeanor in a MUNICIPAL court so, can I answer NO to the aforementoned quetion? Is it even legal that I be asked that question even if I have NOT been found quilty? Also, my case was considered a PRE-TRIAL and if I do not get into trouble for a year my case will be ex-punged. Once again, my case was held in a Municipal Court in my town.
1 Answer from Attorneys
Re: Question in Job Application
Yes, they can ask the question. It is also not how WE would argue about they question, but how the EMPLOYER would expect you to answer. You can also answer "no" if you want, but chances are pretty good that if they find out about it they will treat it as a lie. Regardless of your explanation, the employer may not appreciate an employee who tries to avoid honesty and full disclosure when they ask. It is a risk either way.