Misdemeanor as minor

[houseman9]

I was looking at the Pharmacy Technician-in-training License application and one of the questions is:

"Have you ever been convicted of, plead guilty or nolo contendre to, or are formal charges pending for:
A. A violation of any Federal, State, or local law relating to the use, manufacturing, distribution or dispensing of controlled substances? (Y/N)
B. Any offence, misdemeanor or felony in any state? (Except for minor violations of traffic laws resulting in fines.) (Y/N)"


When I was 17 I received an infraction for Possession of Paraphernalia, and opted to take a trial diversion because it was a first offence. I had probation instead of a trial and I don't believe it's supposed to show up on my record now that I'm over 18 because I did the diversion program. Do I have to answer 'yes' to the above questions?

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[Jynx2006]

I have a misdemeanor offense that I served 18 months of probation for. It happened before I turned 18 also. I applied for a bartenders license and put no for that question. They found it anyway and I had to go in front of the board to explain why I "lied". I thought the same as you. It was supposed to be expunged actually. I put no for that reason. I certainly didn't intentially lie. I have since learned it was not expunged and have taken the steps to make that happen. However, an expunged record only eliminates the file in the court system. It will still show up in police reports.

With that said, my advice to you is that I would be honest about it. It's very likely they will ask you to explain it and as long as you tell them you were young, made a mistake, did your time, and learned from it; you should not have a problem.

Sorry for the novel. This subject is very frustrating to me because I still believe to this day it should have never gone as far as it did. It's just causing me extra stress that I don't need. Good luck with your decision.

 

[Rooster73]

My knowledge concerning these matters is a bit dated, but I'll throw my two cents in anyway. If you were able to land pre-trial diversion, then I suspect you had an attorney. Ask that attorney to ensure that your arrest record has been expunged as well. The way I understand it, arrest records and conviction records are two different things. This may cost you a few hundred more dollars, but it's worth it. Good luck.

 

[MrsAppleseed]

I would answer "yes" and be honest. An advisor at my school said something that really stuck with me, "if you think it's expunged, it probably isn't." Better to be up front about it than have to do what the above poster experienced, and have to defend why you "lied," even though it wasn't intentional.