Legal Question in Criminal Law in Virginia

employment screening question

If on an employment application they ask if you have you ever been convicted of any criminal offense for which you could have been incarcerated for a year or more, would a probation before judgment and a misdemeanor shoplifting charge need to be documented? Also, does a probation before judgment count as a conviction?


Asked on 11/08/04, 9:59 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: employment screening question

Probation Before Judgment(PBJ) or Suspended Imposition of Sentence(SIS) as it's known in Virginia does not count as a conviction since a sentence is never imposed in this type of disposition provided that the defendant successfully completes all of the conditions of his/her probation.

A Class 1 criminal misdemeanor in Virginia normally carries a penalty of up to a year in jail and/or a fine of $2500.(Petty larceny is classified as a class 1 misdemeanor.)

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Answered on 11/08/04, 12:01 pm


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