Legal Question in Criminal Law in California

I am applying for a government job. I just got a letter saying that my application was "potentially flagged as disclosing information pertaining to a conviction, court martial or pending charges." Basically, they are asking for "any and all court documents related to the arrest or conviction". (I had a possession charge twenty years ago that was dismissed due to illegal search and seizure. Since I don't have any of the paperwork anymore, which documents would be sufficient so I can remain eligible for employment?) I didn't make any disclosures because the application stated "convictions, pending cases or court martials." I have only 30 days in which to "provide official court documentation of any and all arrests &/or convictions in my past".

If there is an arrest record for this case, do I even have any chance of getting hired? If the record doesn't disclose any info. other than the record itself, the potential damage to my life could be devastating. Where do I start?


Asked on 4/03/10, 9:40 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

It matters a great deal what government agency, what substance, and how much. Are we talking baggies or boxcars? If it was personal use quantities of MJ, no state or local agency is going to care, and the feds are not going to care very much unless they think you are lying to them (or you are applying to join the FBI). Other than that, all bets are off. If you can obtain any documentation from the court, fine. If not, write them a letter and tell them the truth. Unfortunately for many purposes in the federal government a criminal charge can carry as much weight as a conviction.

"I mean, I mean that just, I'm sittin' here on the bench, I mean I'm sittin here on the Group W bench 'cause you want to know if I'm moral enough join the army, burn women, kids, houses and villages after bein' a litterbug."

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Answered on 4/08/10, 11:35 pm


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