Legal Question in Criminal Law in Idaho

Do I have to claim it on Federal Applications

When I was 19 I had a party in my moms house while she was out of town. I was charged with disturbing the peace. When do I not have to claim it on my application for employment. I am 29 now and its been 9 years and 6 months ago when will it not fallow my employment reputation...


Asked on 1/21/07, 1:23 pm

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Do I have to claim it on Federal Applications

Was there an arrest?

Was there a conviction?

Was it deferred?

Were the conditions met?

Was there a trial?

Was there a plea?

Was the case in municipal court?

Was the case in County court?

Was the case in District Court?

Was the case in the state of colorado or some other state?

Was the case sealed?

Were you represented by counsel?

How were you advised?

By who were you advised?

when were you advised?

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Answered on 1/21/07, 3:59 pm
Philip Rosmarin Rosmarin Law Firm

Re: Do I have to claim it on Federal Applications

In the first place, you are unlikely to be asked this question on an application for federal employment. You can apply for most federal jobs with a resume, and unless you're proud of what you did, you are unlikely to put this interesting tidbit on your resume.

You could also use the optional application for the job, form OF 612. This form does not request that information.

I'm guessing, though, that you have already applied for a government job, and what you have been asked is to fill out a form optional to the government agency, the OF 306, which is a Declaration for Federal Employment. That form does indeed ask: "During the last 10 years, have you been convicted, been imprisoned, been on probation, or been on parole? (Includes felonies, firearms or explosives violations, misdemeanors, and ALL OTHER OFFENSES.)" (Emphasis added).

That means you have six months to go before you can honestly answer that question "No" -- BUT ONLY IF YOU WERE CONVICTED. That means if you pleaded guilty to the charge and were given a deferred sentence (not probation), and you successfully completed the conditions of the deferred sentence, your guilty plea would have been withdrawn and the case recorded as a dismissal. You would not have to report that.

But even if you were convicted, I don't think you need fear that conviction. Disturbing the peace is usually a petty offense, and I doubt that a party in your mom's house is going to keep you off the federal payroll. In the Bush Administration, that might even be a plus.

Good luck.

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Answered on 1/22/07, 2:20 am


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