Legal Question in Employment Law in California

If i got in trouble in highschool, but was never arrested just got a misdemenor and probation and community service, do i have to disclose it on a background check for a job?


Asked on 6/14/11, 10:38 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You SAID you "got a misdemeanor". That means you were arrested AND convicted or pled guilty. If it was in juvenile court, those records are supposedly sealed from public access. If so, you could deny any conviction for most private employment.

If it was in adult court, that record is forever, accessible, and would have to be disclosed. However, many convictions can be 'expunged' from criminal records by proper application and Petition to the court, if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

Read more
Answered on 6/15/11, 12:03 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California