Sealed Criminal Record. Disclose Or Not?

I had a petty theft misdemeanor years ago and got a Suspended Imposition of Sentence probation in Missouri. Which means when my probation is over my record becomes sealed and i can legally say that i have never been convicted of a crime and employers can not see this information. I have done 2 background checks on myself from reputable companies and checked local data bases and it doesnt show. Should I disclose this information with the recruiter or at orientation? Or should I just keep quiet as it does not show up from any background checks?

Sounds to me like a situation of what they don't know won't hurt them..

Couple of issues here.

If you are STILL ON PROBATION - you are going to have to disclose. And technically - it is not dismissed, until you have completed your court-mandated requirements.

Keep in mind also - if you were FINGERPRINTED - this is going to show up on NCIC. It may also show up on public records databases - even after it's sealed and dismissed. If it made it ONTO the database, then it will likely remain there.

I had a similar situation with regards to a FELONY in '89. Dismissed and sealed - but it still shows up on an NCIC search, and this tripped me up when I tried to get a F.A.S.T. border card a few months ago.

I also have a "summary offense" in PA, from 6 years ago. Summary Offenses are "less than misdemeanors" - so I can honestly answer that I have no "misdemeanor convictions" - BUT - it shows on a background.

When in doubt - always better to DISCLOSE - than NOT. Issue here becomes LESS THAN the nature of the offense itself, and MORE ABOUT being less than honest on your application.

At any rate - keep your PAPERWORK - final disposition, and copy of order to seal - in case you have to prove final disposition of the case. That tripped me up on my F.A.S.T. interview - they wanted a copy of 30 year old paperwork on a sealed case. Don't even know if I can get it now, though I did have to un-seal and re-seal to get a copy for my CCW application in '93.

Rick

I would admit it. Prime pays big money to uncover stuff and if you omit it you will look like a liar... which could be worse. They asked me about convictions and then told me they found an arrest on my record. I was never read my rights... never finger printed never arrested. I had a problem with a mentally ill sister who attacked me and she claimed I theatened her. We were in family Court for 2 years for various issues. Prime said I hid it. None of it ever came up on other background checks. I did not even know what they were talking about until he told me the dates. When I argued that even if I was arrested... which I wasn't ... they asked about convictions and I certainly wasn't convicted. I got the job. I know 3 people who claimed their DUI s were expunged and Prime found it and sent them home.