Q Section 25-1-113 restricts the employment of persons convicted of or having pled guilty to certain crimes by a public entity. Do these restrictions apply if the crime was expunged, non-adjudicated or pardoned, where the conviction was reversed on appeal, or the person pled guilty or no contest and the case was remanded to the file?

A An expungement or pardon would remove any bar to employment, as the effect is to restore the person to the status he had before his conviction. Reversal on appeal would also have the same effect. Non-adjudication requires the entry of a guilty plea, so it would be a bar to public employment. “Remanded to the file” is not a statutory disposition of a case and is, in effect, a decision not to prosecute. Entry of a guilty plea would trigger the employment bar, whether the case is prosecuted or not. (Attorney General’s Opinion to Boyce, May 18, 2015)