Legal Question in Criminal Law in Virginia

Job application legal question

My husband is applying for a job in Virginia and has plead ''nolo contendere'' to Grand Theft in the state of Florida - adjudication of guilt was withheld. On the job application, what specific language does he need to put for the question: ''Have you ever been convicted of a felony? Yes or No. If yes, please explain''. We are unclear about how to disclose this information to a new employer and specifically what needs to be said to a human resource manager if anything to explain the charge.


Asked on 10/24/04, 11:42 am

2 Answers from Attorneys
Shane Jimison Jimison/Homiller, PLC

Re: Job application legal question

Yes is your answer. Anything else would be less than forthcoming.

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Answered on 10/24/04, 1:14 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Job application legal question

If there actually was no formal adjudication of guilt in your husband's case, and he received the equivalent of what in Virginia is referred to as an SIS (Suspended Imposition of Sentence)or PBJ (Probation Before Judgment) as it is sometimes called in other jurisdictions, then your husband, assuming that he successfully completed all of the conditions of his probation and the case was then closed out without a formal conviction being entered, would be entitled to swear truthfully

before any tribunal or on an application, or whatever, that he has never been convicted of a felony. (This type of disposition is normally available only to first time offenders and usually only offered for misdemeanor offenses, but, ocassionally, where circumstances warrant, it may also be offered in felony cases.)

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Answered on 10/24/04, 3:14 pm


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