[TheEducator]

Greetings!
Over the years I have completed multiple employment applications which have entailed answering Professional Conduct Questions. Each time the question: Have you ever been charged with, convicted, etc appeared, I have answered "NO", which is by all means true.
In 1989 I was taken into custody and fingerprinted, but not charged with an alleged Intent Corpal Injury on Spouse/Cohabitant. After notifying the respective Superior Courts they have informed me that there was NO Records Found.
I have recently applied for employment as a substitute teacher with a school district and they apparently believed that I answered the Conduct question falsely.
Do you consider my "NO" answer to the question is falsification of information?
Your response will be greatly appreciated.

Gratefully,

TheEducator

[excon]

Hello Ed:

If they asked you if you've been arrested, and you've been arrested, then the only answer to the question is yes. I believe you've been arrested. If they asked if you were ever charged, and you weren't, then the answer is no. But, nobody asks that. Most of them don't even ask about arrests. They're interested in convictions. That doesn't mean they CAN'T ask about arrests.

So, notwithstanding what you were told by the courts, there IS a record out there somewhere and the school district found it.

excon

[TheEducator]

Greetings HelpTeam!

This is the question I submitted and I am still unclear whether I falsified information.
I entered "NO" to question #1.
Is that true or false?
Here are the Professional Conduct Questions:
D. PROFESSIONAL CONDUCT (ALL QUESTIONS MUST BE ANSWERED).

Please answer the following questions. If any of the questions are answered yes, please provide a separate statement of explanation.
YES or NO
1.Have you ever been charged with, convicted or entered a plea, including a plea of nolo contendere, to any felony or misdemeanor whether sentence was imposed or suspended, except minor traffic violations? If yes, explain fully.[/B][/B][/B]2.Have you ever been denied a professional license, certificate, permit, credential, endorsement, or registration?

3.Has your professional license (except for driver’s license), certificate, permit, credential, endorsement, or registration ever been disciplined, suspended, revoked, reprimanded, restricted, curtailed or voluntarily surrendered or do you have any pending complaints before any regulatory board or agency or is there any investigation or adverse action now pending against you?

4.Have you ever resigned, been restricted, disciplined, or discharged from any position, including the armed forces, while under suspicion of having engaged in criminal, immoral, unethical behavior or unprofessional conduct, or are you under investigation for any such charge?

Thank you for your immediate response.

The Educator

[excon]

Hello again, Ed:

Please keep all your questions on the same thread. It makes it much easier to follow.

I'm glad you posted the question because it's far different from the one you said it was on the earlier post. It DOESN'T ask about arrests. If asks if you were charged. You told us you weren't. You answered that you weren't. Therefore, it appears that you answered truthfully.

Ok, you've been turned down for a job. What do you want to do about it?

Even if you got the record corrected to read that you were only arrested and NOT charged, you won't get the job. And, there's nobody to sue over it, either. What are you looking for?

excon

[TheEducator]

Is there a difference between the two questions:
"Have you ever been arrested for...
and
"Have you ever been charged.. "

These are questions that are asked on two separate employment applications.
I answered YES to the 1st employment question and No to the second employment question.
I have a meeting with an employer to explain my answer to the second question whereas, I was NOT charged.
Thank you in advance.

TheEducator

[twinkiedooter]

They really need to reword their question to

Have you ever been convicted of a crime

And not charged.

A lot of people have been arrested and charged but not convicted due to either the charges being dropped or being found not guilty.

[ScottGem]

Yes there is a difference. People can be arrested by mistake. So just explain to the interviewer what happened. Just be completely truthful. If you aren't you will probably be caught.

[TheEducator]

Re-Wording the question as to whether I have ever been arrested , as well as Have I ever been charged is an understatement.
I am so prepared to face my prospective employers to explain the circumstance.
Do you think I should suggest they re-word their "professional background statement questioning for the future or just squash it?

[ScottGem]

Do you think I should suggest they re-word their "professional background statement questioning for the future or just squash it?

Do you want the job? ;)

[Fr_Chuck]

The issue here is that arrested means you were taken into custody, we may at times arrest someone, take them into the police station, but the DA at or before the first appearance does not formally press any charges.

So you may get arrested but released without any formal charges.

And of course the DA may charge you with a crime, but your attorney proves or other evidence proves you did not do it, and the charges are droped before you get arrested.

Since there is nothing wrong about being arrested, since innocent people get arrested all the time and are proved not guilty, it is the conviction that makes the difference

Normally if asked "were you ever arrested, or even charged" I would answer,

I have never been convicted of any crimes.

[excon]

Is there a difference between the two questions:
"Have you ever been arrested for...
and
"Have you ever been charged...?"

Hello again, Ed:

I asked you to keep your questions on the same thread... You must teach 2nd grade.

I also informed you of the distinction between getting arrested and getting charged. I guess you didn't believe me.

I also told you that you wouldn't get the job, and you're not either. Not only are you going to plead for them to hire you knowing you've been arrested, but you're also going to tell the interviewer that THEY made a mistake on their application...

Dude!

excon

{ED Note: The threads have now been merged-<>}

[TheEducator]

Fr_Chuck !
In regards to the professional background question,
"Have you ever been charged...
It only allows me to answer yes or no,
Not give an explanation to the yes and no answer.

ExCon,
Regardless of what grade I teach or plan to teach,
No thread or no needle,
The question/s is/are out there and if you have a problem in answering,
Then Don't!

"Thank you EVERYONE for your responses, even if my question/s were a needle in a haystack!"
I will get the job!!

[ScottGem]

ExCon,
The question/s is/are out there and if you have a problem in answering,
Then Don't!

Please do not presume to dictate who can or can't respond to a posted question. As long as the answer does not violate the rules of this site, then that person is entitled to answer. You can disagree, you can ignore, but you can't dictate.