/ Asked by Laura
I received a job offer and submitted information for the background check. Information on a misdemeanor conviction showed up on the results, even though I checked that I had no convictions. To the best of my knowledge, I was under the impression that a past legal issue was taken care of. I even did multiple background checks on myself to make sure it was off my record. Now I have hired another lawyer to get it expunged. My question is, have I completely lost the offer because I unknowingly lied on the application? The lawyer has contacted the background company on my behalf with the info but I don't know if HR will accept it.
Answered by John, Hiring Expert at DuPont, on Wednesday, June 10, 2015
The honest answer is "it depends."  You are doing the right thing now that you know what has come up on your background check.  While you have probably already done this, I would suggest that you share your situation with the company you have applied to and see where they stand.  Companies may vary widely on how they address a situation like yours.  

All the best to you. 
Answered by Mandy, Hiring Expert at Mutual of Omaha, on Wednesday, June 10, 2015
I would be honest with the company where you were offered the position. It really depends on the company's background check policy on how they will handle this situation.

Best of luck to you!
Answered by Steve, Hiring Expert at Caterpillar Inc., on Friday, June 12, 2015
It will depend on how stringent that company is about such matters.  You should try to get ahead of it if you can.  I would see if your attorney can write a letter on your behalf explaining that to your knowledge, the matter had been resolved and you were advised not to disclose it.  Then it may come down to how strongly the company feels about not disclosing such things when you apply.  It also will depend on the incident and what, if any, connection it may have to the work you would be doing.  For example, having a past DUI and applying for a job that requires you to drive, may be considered too much of a risk for some companies. 
Answered by Cassie, Hiring Expert at The Hershey Company, on Thursday, June 18, 2015
You should explain the situation ASAP to both the company and background check provider. It is good that the lawyer already contacted the background check company. Let them know the steps you took to get it expunged and that you truly thought it was off of your record. If you have any documentation from that first lawyer that it was expunged/going to be expunged it would be good to show that as well so they know you truly thought it was off your record. It will depend on the company’s policy and past practices, but since you did not purposely misrepresent yourself they may still hire you. If they do not, I would suggest the next offer you get explain the situation up front to HR and ask them how you should complete the form if there is still a possibility that it would show on your record.
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