Expert: Robin Sexton - 5/16/2008

Question
My husband is currently enrolled in EMT-B training (Ohio.)  His 7+ year-old 5th degree forgery felony is now expunged as of this month.  How is he supposed to answer when asked if he has EVER had a felony (even if sealed, expunged)?  It seems like  it's phrased that way specifically to get around the benefit of expungement for an applicant.  Like a CATCH-22 no matter what you answer.  If you say yes, it defeats the purpose of having it expunged, if you say no you feel like you are lying (and really are.)  Does he have to answer "yes"?  Anyone can take the classes, but will this keep him from even being allowed to test for certification?  Any information is appreciated.  Thanks.

Answer
Trish,


Tricky question, I would answer "no" to a felony conviction question.  Reason, the conviction was expunged, legally never happened so therefore he was not convicted. If they somehow find out about the conviction he would have a built in defense that the conviction was expunged.  He didn't lie.

Final call is his.

Good luck

Robin