Legal Question in Employment Law in Mississippi

conviction was dismissed; employer requires background search with fingerprints

Approx. 15 years ago I was arrested & convicted of a misdemeaner. Two years later, the conviction was dismissed/set aside and the arrest expunged. I am now a nurse and have recently moved to MS where I just filled out an application for employment. Is it within my legal right to answer no that I have never been convicted of a crime since the conviction was dismissed? Should my record be reported as clear to the hospital when my fingerprints are processed?


Asked on 12/14/04, 11:44 am

1 Answer from Attorneys

Keith Stern Shavitz Law Group

Re: conviction was dismissed; employer requires background search with fingerpri

Don't know MS law but usually the application asks "within the last ______(10) years." I am not a criminal attorney but my gut tells me you are required to answer honestly, which means you were convicted at 1 point - - Before answering, I would contact a criminal attorney to be sure.

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Answered on 12/14/04, 11:48 am


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