# The Conviction-Box Answer Standard, Graded Against Your Record Before Submit

*Grade any conviction-question answer pass or fail on six fixed gates, so two people checking the same answer against your record reach the same verdict.*

- Canonical URL: https://www.refolk.ai/candidates/guides/conviction-question-answer-standard
- Pillar: Transitions and setbacks
- Format: Standard
- Published: 2026-10-26
- Last reviewed: 2026-10-26
- Reading time: 20 min
- Keywords: how to answer criminal history question on job application, do I have to disclose a sealed record on a job application, felony question on online application what to write, ban the box state employer still asking conviction question, explanation of conviction for job application example

## Key takeaways

- A conviction-question answer passes only if it clears all six gates: scope parsed, record verified, sealing handled, jurisdiction timing checked, explanation shaped, and consistency with the later background check.
- Under federal FCRA rules, convictions have no reporting time limit, and arrests without conviction drop off after seven years only for jobs paying under $75,000.
- In Illinois, a sealed or expunged record supports a "no" to an "ever convicted" question only if every Illinois conviction was cleared and there are no convictions in any other state.
- The FBI Identity History Summary costs $18 by mail and may not include state repository data, so a clean FBI result alone cannot pass the record gate.
- The job's work location and the employer's headcount decide whether the question was lawful at that stage: California covers employers with 5 or more, Illinois, New Jersey and Washington 15 or more, and New York City 4 or more.
- In Refolk's index there are 2,723 US profiles with background screening titles against 278 reentry professionals and only 4 record-clearing specialists, so most applicants will grade their own answers.

This standard is for anyone with a criminal record who is filling out applications that each ask about it differently. It grades your drafted yes, no, or explanation pass or fail on six gates before you submit: scope, record, sealing, jurisdiction timing, explanation, and consistency with the later background check. Two people applying it to the same answer should reach the same verdict.

## What counts as a passing conviction-question answer?

A passing answer is truthful, covers only what the prompt's words reach, was lawful to ask at this stage where the job is located, and matches what a compliant background check will show. Fail one gate and the whole answer fails. There is no partial credit.

The six gates:

| Gate | Passes when | Fails when |
|---|---|---|
| 1. Scope parsed | Scope written in one sentence before drafting | Answer drafted from a skim of the prompt |
| 2. Record verified | FBI and every state record in hand, reconciled | One source only, or entries unverified |
| 3. Sealing handled | Sealed or expunged items treated per statute and role | "Sealed means no" assumed |
| 4. Timing checked | Work location, headcount and stage recorded with a flag | Headquarters state assumed to govern |
| 5. Explanation shaped | Two to three paragraphs, or a deliberate "will discuss" | Long narrative, or blank where the form is screened |
| 6. Check consistent | No predicted mismatch with a compliant report | An omission the report will surface |

Each gate proves one thing. Gate 1 proves you answered the question that was asked, not a broader one. Gate 2 proves your answer rests on what is actually on file, not on memory. Gate 3 proves a "no" is lawful for this role in particular. Gate 4 proves you know whether the box was allowed to be there. Gate 5 proves the explanation will survive the screening step. Gate 6 proves the employer will not see a contradiction later.

A gate lies when you fill it in after the answer to justify a choice you already made. The order in the procedure below exists to stop that.

> **Rule:** Grade against the statute, never a summary
>
> Secondary state-by-state lists disagree on how many states cover private employers (13, 15 and 17 all appear). Only the statute or the official agency guide counts as authority for gates 3 and 4.

### Where this standard is thin

Some things are not publicly established, and I won't fill the gaps with guesses:

- A complete state-by-state table of statutes that let you answer "no" after sealing, with their named exceptions.
- Which states have automatic Clean Slate relief. Only Pennsylvania and Virginia came up, and only in a secondary source.
- Turnaround times for FBI and state record requests.
- A systematic taxonomy of prompt wording from a legal aid organisation. The phrasing framework below is mine, built from several sources.

For anything in that list, the local check is the same: read the statute and your sealing order, or ask a legal aid office in the state that sealed the record.

## Which words in the prompt limit what you must disclose?

Four features of the wording set the scope: offense level, conviction versus arrest, time window, and whether sealed or juvenile records are named. Write all four into one sentence before drafting, and answer only what that sentence covers.

This is a working framework, not an official taxonomy:

| Prompt wording | Reaches | Check before answering |
|---|---|---|
| "Ever convicted of a felony?" | Felony convictions only | Each entry's level on the disposition |
| "Ever convicted?" (any offense) | All uncleared convictions | Whether sealing lets you answer no |
| Arrests and convictions | Arrests too, possibly sealed ones | Expunged arrests fall outside it |
| Names sealed records explicitly | Sealed entries | Whether the statute bars the question |
| Juvenile wording | Juvenile adjudications | Local rules on juvenile records |

A few things these categories rest on:

- **Felony-only prompts.** The federal probation handouts use "Have you ever been convicted of a felony?" as the model prompt. A misdemeanor or an arrest without conviction is outside it.
- **Arrest-inclusive prompts.** A sealed arrest may still fall inside a question that asks about arrests, while an expunged one does not.
- **Sealed-record prompts.** Some questions ask about sealed records explicitly and some ask only about convictions. They need different answers from the same record. Some places bar the explicit version entirely: Massachusetts bars questions about sealed or expunged convictions, and Philadelphia treats expunged or sealed records as categorically off-limits.
- **Juvenile prompts.** Washington now bars adverse action based on juvenile convictions. Elsewhere, check local law.

**Prompt scope and grading record**

```
Posting:
Work location (city, state):
Employer headcount and where I got it:
Stage of the ask: application / interview / after conditional offer
Lawful at this stage? Y / N - rule:
Prompt, verbatim:
Scope sentence: This question asks about [convictions / arrests / both] for [felonies / misdemeanors / any offense] within [time window or "ever"], [including / excluding] sealed, expunged and juvenile records.
Entries in scope (from my classified record table):
Role exception applies? Y / N - statute:
Draft answer:
Explanation format: letter / "will discuss" / none
Predicted background check result:
Verdict: PASS / FAIL - failed gate:
```

*Fill one per application, top to bottom, before writing the answer. Keep it with the submitted copy.*

## When can a sealed or expunged record be answered "no"?

You can answer "no" only when the law that sealed the record allows it, the clearing covers every conviction in every state, and the role is not one the law allows to see sealed records. Miss any one of those and a "no" that looks truthful fails gate 3.

Illinois Legal Aid gives the clearest test I have found. You may answer "no" to an "ever convicted" question only if:

1. Your entire Illinois criminal record was expunged or sealed, or all your convictions were sealed and only arrests remain, **and**
2. You do not have convictions in any other state.

The same source warns that sealed felony records are hidden from most employers but can be seen by employers required by law to run fingerprint background checks. That is the mechanism to understand. Sealing restricts public and commercial access, but fingerprint checks draw on repositories that keep sealed entries. Whether "no" is truthful depends on the role as well as the record.

#### Where a sealed entry can still be seen

1. **Public court search** - Sealing restricts public access here
2. **Commercial background report** - Sealing restricts commercial access; FCRA time limits also apply
3. **Fingerprint repository check** - Sealed entries are kept; employers required by law to fingerprint can see them

*Sealing removes a record from the outer layers only, so a truthful no depends on which layer this role's check reaches.*

Roles that commonly carry a mandatory-disclosure exception, from Florida practitioners:

- Law enforcement and corrections
- Courts
- Roles working with children, elderly people, or disabled people
- Security clearances
- In Florida specifically: the Department of Education, school boards, charter schools, and childcare licensing

Healthcare and professional licensing roles also often run fingerprint checks, so test them the same way. Gate 3 passes only when you can write "exception applies" or "exception does not apply" next to a cited statute. "I think it's fine" is a fail.

> **Note:** No complete answer-no table exists publicly
>
> I could not find a verified list of every state's "you may answer no" statute and its exceptions. If your record was sealed outside Illinois, Florida, Massachusetts or Philadelphia, read your sealing order and the statute it cites, and confirm the role exceptions before relying on a no.

## Was the employer allowed to ask yet, where the job is?

The job's work location and the employer's headcount decide whether a criminal-history question was lawful at this stage. Where the company is headquartered does not. Record a lawful or unlawful flag for every application, with the rule that sets it.

About 37 states have some kind of ban-the-box policy, but only around 15 extend it to private employers. Ban-the-box means a rule that delays when an employer may ask about criminal history. The commonly listed private-employer states are California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. The ones with published thresholds:

| Jurisdiction | Employer threshold | Earliest lawful ask | Status |
|---|---|---|---|
| Washington | 15+, then all employers | After conditional offer | Phasing in; check AG guide |
| California | 5+ | After conditional offer | In force |
| Illinois | 15+ | Interview stage or conditional offer | In force |
| New Jersey | 15+ | After initial application | In force |
| New York City | 4+ | After conditional offer | In force |

New York City also bars any criminal background check before a conditional job offer.

### Washington changes what a blank means

Washington's amended Fair Chance Act delays criminal history inquiries until after a conditional offer. It phases in by size: employers with 15 or more employees first, then all employers. Check the effective date for your employer's size on the Washington Attorney General's Fair Chance Act page. Washington employers also may not reject an applicant for failing to disclose a record before a conditional offer. Penalties are $1,500 for a first violation, $3,000 for a second, and $15,000 for each one after that.

So in Washington, leaving a pre-offer box unanswered is protected. I have found no source that gives the same protection anywhere else. Outside Washington, treat a blank as a possible omission: answer truthfully within scope and record the unlawful flag.

### Philadelphia limits what can be considered at all

Philadelphia's amended ordinance limits felony convictions to a seven-year lookback and misdemeanors to four years. A lookback is how far back an employer may consider a record. It bars summary offenses entirely, treats sealed and expunged records as off-limits, and gives a 10-business-day window before a final adverse decision.

### What federal guidance says

EEOC Enforcement Guidance 915.002 recommends that employers not ask about convictions on job applications. Where they do ask, it says the question should be limited to convictions for which exclusion would be job related. It also says a screen without individualized assessment is more likely to violate Title VII. The Green factors it relies on are the nature and gravity of the offense, the time elapsed, and the nature of the job. This guidance binds nobody as statute. Its use to you is in explaining why a broad box is a risk for the employer, not a licence for you to answer narrowly.

#### The answer, by lawfulness and scope

Horizontal axis runs from No entry in prompt scope to Entry in prompt scope. Vertical axis runs from Unlawful to ask at this stage to Lawful to ask at this stage.

| Quadrant | What it means |
| --- | --- |
| Lawful, nothing in scope | Answer no; file the scope sentence as proof |
| Lawful, entry in scope | Answer yes with a shaped explanation |
| Unlawful, nothing in scope | Answer no; record the unlawful flag |
| Unlawful, entry in scope | Blank is protected in Washington; elsewhere answer truthfully and record the flag |

*Lawfulness changes what you record and whether a blank is protected, but it never makes a false answer acceptable.*

Gate 4 lies when the headcount is a guess. Write down where the number came from, because Washington's 15-employee split and California's 5-employee line both turn on it.

## What will the background check show?

A compliant consumer report can show convictions with no federal time limit. It can show arrests without conviction for seven years, or with no limit for jobs paying $75,000 or more. Your answer passes gate 6 only if nothing a compliant check could return contradicts it.

| Record type | Federal FCRA | Philadelphia |
|---|---|---|
| Felony conviction | No limit | 7 yrs |
| Misdemeanor conviction | No limit | 4 yrs |
| Arrest, no conviction | 7 yrs (none at $75k+) | n/a |
| Summary offense | No limit | Barred |
| Sealed or expunged | n/a | Barred |

The arrest limit is in 15 U.S.C. 1681c(a)(2): seven years, or the statute of limitations if that is longer. An FCRA amendment took convictions out of the seven-year rule. Under 1681c(b), the time limits stop applying for jobs paying $75,000 or more. That threshold is fixed in the statute and has never been indexed to wages. Career changers moving into better-paid roles lose the arrest protection exactly when they apply, so the salary band belongs on the grading record.

### Pulling your own records

| Source | Cost | How to request | How to dispute |
|---|---|---|---|
| FBI Identity History Summary | $18 by mail | Form I-783 plus fingerprint card, or online via edo.cjis.gov or an approved channeler | Cite your FBI number or SID |
| California DOJ record review | $25, fee waiver available | Fingerprints | Form BCIA 8706 |
| Florida FDLE | See FDLE | Personal Review | See FDLE |

A Boston University factsheet says to scrutinise your rap sheet because it often contains errors. A rap sheet is the official criminal history record a repository keeps on you. Turnaround times are not publicly established, so start the requests before you start applying, not after the first box shows up.

> **Watch out:** A clean FBI result is not a clean record
>
> The FBI's own form warns that the Identity History Summary may not include information from state repositories. Pull the state record for every state where you were ever arrested, or gate 2 fails.

## Writing the explanation: "will discuss" or a short letter?

Attach a two to three paragraph letter covering past, present and future when the employer screens on the application. Reserve "will discuss in interview" for cases where you expect a person to read the form before deciding. The sources genuinely disagree, and screening mechanics decide between them.

The two positions:

- **For "will discuss":** Federal probation handouts from the Northern District of Alabama and the Eastern District of Missouri recommend writing "will discuss in interview" rather than a lengthy explanation, to get the interview and keep control of the story.
- **Against it:** Montana's labor department advises avoiding the line, because if you don't give the employer an immediate explanation, chances are you won't get the interview. It recommends attaching a letter.

On length, the Western District of Washington probation office says a letter of explanation runs two to three paragraphs and explains your past, present and future.

#### Structure of a passing explanation

1. **Acknowledge** - Name the concern the question raises, in one sentence
2. **State the offense** - Offense, level and year, factually and briefly, in scope only
3. **Show change** - What you have done since, with specifics
4. **Connect to the role** - Skills and plans that fit this job

*A passing explanation names the concern, states the offense briefly and factually, then spends most of its length on change and fit.*

An explanation must not contain:

- Any entry outside the written scope sentence.
- Sealed or expunged items the statute lets you leave out.
- A level, date or outcome that differs from the verified record.
- More than three paragraphs.

**Letter of explanation, three paragraphs**

```
Re: Criminal history question, [Job title], [Requisition number if any]

I want to address the criminal history question directly. In [year], I was convicted of [offense as it appears on the disposition], a [misdemeanor / felony], in [state]. I accept responsibility for it, and I have completed [sentence, probation, or terms].

Since then, I have [specific steps: work held, training or credentials completed, programs finished, time without further offenses]. [One sentence on what changed and how it shows in your work.]

For this role, I bring [two or three skills tied to the posting]. I am glad to discuss any of this further and can provide references from [employer, program, or supervisor].
```

*Replace the bracketed parts from your classified record table only. Keep each paragraph to three or four sentences.*

Keep the letter as a separate attachment, and don't fold it into the cover letter. If you use [Refolk](/candidates) to tailor a cover letter for each posting, the cover letter changes every time while the explanation stays word-for-word identical. That consistency is what gate 6 checks.

## The grading procedure, step by step

Run these eight steps once to build your record table, then repeat steps 4 through 8 for every application. Each step has a done condition, and a step isn't finished until that condition is met.

#### Grade one conviction-question answer

1. **Pull your own records** - Request the FBI Identity History Summary and the repository record from every state where you were ever arrested. Done means a copy of each is in hand.
2. **Reconcile and dispute errors** - Compare each entry with the court disposition and challenge errors using your FBI number or SID, or California form BCIA 8706. Done means every entry is verified or under challenge.
3. **Classify each entry** - Give each entry one status (conviction, arrest-only, pending, juvenile, sealed, expunged), a level (summary, misdemeanor, felony) and a date. Done means one status per entry in a table.
4. **Check jurisdiction timing** - Record the work location, employer headcount and stage of the ask. Done means a lawful or unlawful flag with the rule cited.
5. **Parse the prompt** - Identify time window, offense level, conviction versus arrest, and sealed or juvenile wording. Done means the scope is one written sentence.
6. **Check role exceptions** - Test for fingerprint-check, childcare, school, healthcare, law enforcement and licensing exceptions. Done means applies or does not, with a statute cited.
7. **Draft the answer and statement** - Write yes or no, plus a deliberate "will discuss" line or a two to three paragraph letter. Done means the answer covers only in-scope entries.
8. **Run the consistency check** - Compare the answer with what a compliant check could show under the FCRA seven-year arrest rule, the $75,000 exception and local lookbacks. Done means no predicted mismatch.

The sources disagree on order. Probation handouts put disclosure strategy first, and record-clearing sources put getting the rap sheet first. I put the record first because gates 2, 3 and 6 all depend on it, and a strategy built on a misremembered record fails at the background check.

## How the answer goes wrong

Seven failure modes cause most failed answers. Three of them produce a "no" that looks truthful on the form and only comes apart at the background check. Grade every draft against all seven.

1. **Scope over-read.** You answer "yes" to "convicted of a felony?" because of a misdemeanor or an arrest. This is over-disclosure, a false fail that screens you out for something the question never asked about. *Check:* the offense level and time window are written down before drafting.
2. **"Sealed means no."** You answer "no" for a fingerprint-check, childcare or school role in a state with an exception, such as Illinois or Florida. The answer looks truthful, but the check reaches the repository layer and the answer fails. *Check:* cite the statute's exception list on the grading record.
3. **Partial clearing.** In Illinois, "no" holds only if everything was cleared and there are no out-of-state convictions. One uncleared out-of-state conviction fails the whole answer. *Check:* FBI plus state records for every state where you were arrested.
4. **Wrong jurisdiction.** You assume the employer's headquarters state governs. The job location and headcount decide it, which matters most where size thresholds split employers, as Washington's 15-employee line does during its phase-in. *Check:* work location and headcount, with the source, on the grading record.
5. **Record mismatch.** A clean FBI summary is taken as a clean record, but it may not include state repository data. That makes it a false negative. *Check:* pull both.
6. **FCRA assumption.** You leave out an old dismissed arrest on an arrest-inclusive prompt, assuming the seven-year rule hides it. The job pays $75,000 or more, so the arrest can appear. *Check:* the salary band, next to the scope sentence.
7. **Wrong explanation format.** A long narrative, or "will discuss", is used where the employer screens on the application, and you are filtered out before anyone reads it. *Check:* a two to three paragraph cap and an attached letter, Montana-style, whenever screening happens on the form.

> A truthful-looking no is the most dangerous answer on the form, because nothing flags it until the check.

Two graders disagreeing usually means one of them skipped a written artifact: the scope sentence, the statute citation, or the salary band. When verdicts differ, compare grading records line by line. The gap is almost always a field one of them left blank.

## Before you submit, and keeping it current

Run the checklist below on every application. Then re-check the jurisdiction rules whenever you apply in a new place, because these laws phase in and get amended. Philadelphia shortened its misdemeanor lookback by amendment, and Washington is extending its rules to smaller employers in stages.

#### Conviction-box answer, pre-submit gate

- [ ] The prompt's scope is written in one sentence and was written before the answer.
- [ ] Every entry in the answer appears in my classified record table with a verified disposition.
- [ ] I hold both the FBI Identity History Summary and the record from every state where I was arrested.
- [ ] Any "no" that relies on sealing cites the statute and confirms no role exception applies.
- [ ] The work location, employer headcount and its source, and the stage of the ask are recorded with a lawful or unlawful flag.
- [ ] The salary band is recorded, and arrests are treated as reportable if it is $75,000 or more.
- [ ] The explanation is two to three paragraphs covering past, present and future, or "will discuss" was chosen because a person reads the form first.
- [ ] The explanation names no entry outside scope and matches the record's level, date and outcome exactly.
- [ ] The answer and attachment are saved with the grading record for this posting.

### How to re-check the rules

- **Jurisdiction gate:** Read the agency guide, not an aggregator. For Washington that is the Attorney General's Fair Chance Act page. For Philadelphia it is the city's ordinance amendments summary.
- **FCRA gate:** The $75,000 figure is in the statute itself at 1681c(b). It has not moved and will only change if Congress amends it.
- **Sealing gate:** Re-read your sealing order whenever you apply for a role type you have not applied for before. The role exceptions are what change between applications.

### Who is available to help

Most applicants will grade these answers alone, and the numbers show why.

| Role group (US) | Profiles in Refolk's index | Per reentry professional |
|---|---|---|
| Background investigator / screening | 2,723 | 9.8 |
| Reentry specialist / coordinator | 278 | 1.0 |
| Expungement / record-clearing attorney or paralegal | 4 | 0.014 |

**4 - US profiles in Refolk's index with record-clearing attorney or paralegal titles**

Against 2,723 screening-titled profiles and 278 reentry professionals, the specialist help on the applicant's side is close to nil.

Read the screening count with care. In a 25-profile sample, only 16 (64%) carried "Background Investigator" as their current title, so the 2,723 figure is noisy. The ratios are derived from the counts. Even so, the direction is clear: the side running the check is far larger than the side helping you prepare for it. Two of the four record-clearing profiles are at Indiana State Police and one is at Central Jersey Legal Services. Reentry employers in the index include Cook Inlet Tribal Council, Prison Fellowship and the Osborne Association. If you can reach a reentry program or legal aid office, take the grading record with you. It turns a vague question into six specific ones.

Grading the conviction box takes time, and you have to do it again for every posting. Refolk drafts the tailored resume and cover letter for each application, which frees up the time this standard asks you to spend on steps 4 through 8.

## Frequently asked questions

### Do I have to disclose a sealed record on a job application?

Usually not, but it depends on the statute and the role. In Illinois you may answer "no" to an "ever convicted" question only if your entire record or all convictions were sealed or expunged and you have no convictions in another state. Employers required by law to run fingerprint checks can still see sealed felonies, and Florida lists exceptions for roles such as schools, childcare and law enforcement. Read the sealing order and the statute before you answer.

### How do I answer "Have you ever been convicted of a felony?" if I only have a misdemeanor?

Answer the question as written, which here means "no" if you have no felony convictions. A felony-only prompt does not reach misdemeanors or arrests without conviction, and answering "yes" because of one is over-disclosure that can screen you out for nothing. Write the scope sentence first, confirm each entry's level against the court disposition, and check that the background report will show the same level.

### Should I write "will discuss in interview" or attach an explanation?

Attach a short letter when the employer screens on the application, and use "will discuss in interview" only when you expect a person to read the form before deciding. Federal probation handouts recommend the "will discuss" line to protect the interview, while Montana's labor department warns that without an immediate explanation you probably will not get one. A good letter runs two to three paragraphs covering past, present and future.

### My state has ban-the-box, so why is the employer still asking the conviction question?

Most likely the employer is below the headcount threshold, the job is located somewhere else, or the law allows the question at that stage. California covers employers with 5 or more, Illinois, New Jersey and Washington 15 or more, and New York City 4 or more, and each sets a different earliest lawful point. The job's work location decides which rule applies, not where the company is headquartered.

### Will an old dismissed arrest show up on a background check?

Under the federal FCRA, a consumer report generally cannot include arrests without conviction that are older than seven years, or older than the statute of limitations if that is longer. That limit does not apply to jobs paying $75,000 or more, and the threshold has never been adjusted for wage growth. If the role is in that pay band, assume the arrest can appear and keep your answer consistent with it.

---

*From the Refolk guide library. I revise these guides rather than replacing them, so the current version is always at https://www.refolk.ai/candidates/guides/conviction-question-answer-standard*