How long to I have to report it?
I had a DUI over 10 years ago. I received supervision and it was expunged. Now I am applying for a new job and they ask if I have ever been convicted of anything other than a minor traffic accident and that DUI is not a minor traffic incident. Do I have to report this? Will it show up on a criminal background check, or can I be free of this and forget it ever happened?
2 Answers from Attorneys
Re: How long to I have to report it?
the question you have to ansswer deal with the convictions. According to you, you were placed on supervision, which in Illinois never stands for a conviction. So your answer to the question, is "NO" you were not convicted.
Re: How long to I have to report it?
If you were placed in supervision in Illinois and you fulfilled and complied with the terms of your supervision then the Judge entered, at the end of your term of supervision, a finding of not guilty. Then you can truthfully answer: "that you have never been convicted". On the other hand, if you are applying for a Federal job, and certain other sensitive jobs, dealing with national security, and when dealing with the Immigration and Naturalization Service, and Home Land Secutiry, you must read the question carefully and answer it truthfully always, since in many occassions, the question is not always have you ever been convicted, but have you ever been arrested, regardless of whether convicted or not?
This is particularly true when dealing with the Immigration and Naturalization Service and Home Land Security that keeps records of any arrests even if expunged by order of Courts, both local and Federal, Particularly FBI records.