job application - obligation to disclose

[curiousinny]

I pled guilty to harrassment 2nd deg (violation) 240.26 and was sentenced to a 6 month conditional discharge (record to be sealed) 18 years ago. I have not had another other arrest or conviction in my life.

I saw the background authorization states not to "disclose information about record that has been sealed or expunged"

Will this show up on a background check as part of a job application?


What is my obligation to disclose on the job app?

Thanks

[Mako167]

Check first with the court where the case was handled and verify if the record is in fact sealed. If the record is sealed, then don't disclose it as the application instruction is not to. Or, you can have your criminal history pulled by your local law enforcement agency and see if the record shows up as sealed. Your criminal record will show different responses depending on what type of business is requesting it. If this is a government agency and specifically a law enforcement agency, it will show records that are sealed/ expunged.

[GPottsLaw]

I agree, you need to verify through court records whether it was actually sealed. In Florida cases are not automatically sealed or expunged; you have to apply for a certificate of eligibility and then petition the court to do that, after you are finished with all your sentence.

If your case was not already sealed then it probably will show up on a background check. You probably shouldn't lie on applications, the employer will find out and then not hire you for sure. If you manage to sneak by and get the job, there may be some claim against you for fraud, since you lied to get the job, later if the employer does find out about it.