Expert: Thomas R. Ballas - 7/6/2009

Question
Hello,
       I live in Louisiana, and I work for a nationwide retail company. I've been working for them for a year and half now, and when I got hired on the application asked "Have you been convicted of a Felony in the past 7 years?" and I answered no because I haven't.  I'm not sure if they did a background check when hired but they just recently did one and I had a misdeamenor come back and they are trying to fire me over it, they said if I can provide documentation that it's getting expunged then I can keep my job.  The misdeameanor also happened 4 years ago and is the only thing on my record.  The thing is that they want it done in 7 days and I can't get it done in that time and also when sentenced the judge didn't state it under the articly 894,(which means it can be expunged), so therefore I would have to go in front of the judge and get re-sentenced to try and get it under that article and then go through the expungement process, from what I understand.  Is this correct or is there any other way that I can go about this?  I know a judge but not that well at all and will talk to him tomorrow, what should I try and do to keep my job???

Answer
Michael:

Given the Judge did not sentence you under the Article that allows the conviction to be expunged, I think your chances are slim to none to get this reversed.

Better I think to plead your case to the Company's HR group, pointing out you did not lie on the application, the misdemeanor was 4 years ago, the only thing on your record, and that you are a loyal and dedicated employee.

Tom Ballas