[dm_n_stuff]

Couple of different issues here.

1. Lying on the form (and answering no appears to me to be one) can result in a problem. Even if you just attempt to "mislead" the sheriff's office it can jump up and bite you in the rear end.

2. Assuming that a plea deal that was supposed to be sealed is actually sealed or expunged is also a GIANT mistake.

Courts are not all that good at follow up. Unless you personally made sure your record was expunged, there's a good chance it wasn't, and then it will show up in this background check, causing problem 1 to be an even bigger issue for you.

What's the penalty? It's a violation of section 4904 of the PA criminal code to make a false statement on the form.

§ 4904. Unsworn falsification to authorities.
(a) In general.--A person commits a misdemeanor of the
second degree if, with intent to mislead a public servant in
performing his official function, he:
(1) makes any written false statement which he does not
believe to be true;
(2) submits or invites reliance on any writing which he
knows to be forged, altered or otherwise lacking in
authenticity; or
(3) submits or invites reliance on any sample, specimen,
map, boundary mark, or other object which he knows to be
false.
(b) Statements "under penalty".--A person commits a
misdemeanor of the third degree if he makes a written false
statement which he does not believe to be true, on or pursuant
to a form bearing notice, authorized by law, to the effect that
false statements made therein are punishable.
(c) Perjury provisions applicable.--Section 4902(c) through
(f) of this title (relating to perjury) applies to this section.
(d) Penalty.--In addition to any other penalty that may be
imposed, a person convicted under this section shall be
sentenced to pay a fine of at least $1,000.
(Nov. 29, 2006, P.L.1481, No.168, eff. 60 days)

2006 Amendment. Act 168 added subsec. (d).
Cross References. Section 4904 is referred to in section
6116 of this title; section 2344 of Title 3 (Agriculture);
section 1518 of Title 4 (Amusements); sections 102, 134, 8998 of
Title 15 (Corporations and Unincorporated Associations);
sections 761, 911, 3101 of Title 20 (Decedents, Estates and
Fiduciaries); sections 4308.1, 5103, 6711 of Title 23 (Domestic
Relations); section 1714 of Title 25 (Elections); section 4110
of Title 27 (Environmental Resources); sections 102, 1904, 5552,
5903, 5947 of Title 42 (Judiciary and Judicial Procedure);
section 101 of Title 54 (Names).

Ultimately a lawyer can do the digging on your prior plea and find out if it is really gone from the system. That's step one. He can also answer your question as to knowingly making a false statement on the app.

My guess? The answer is yes, you've been convicted of a crime that fits the exclusion category and even though it was a non-plea, by accepting the terms you were technically adjudicated guilty at the time. Wasn't a condition of the deal that you not get into further trouble or the plea would end up costing you jail time?

D