Legal Question in Criminal Law in California
If I have been convicted of a felony and it has since been dismissed do I have to disclose it on a job application?
1 Answer from Attorneys
If you got a dismissal through Penal Code section 1203.4, you can now tell most private employers that you have not been convicted of a crime. There are a few exceptions, but in general, you do not have to disclose it.
Keep in mind that a dismissal under 1203.4 (commonly called an expungement) doesn't erase it from your record. It just adds a notation that it was subsequently dismissed. Depending on how thorough a background check is for your new job, they may still see the prior case. Technically, they cannot use it against you, but some people choose to disclose it, but explain that the case was later dismissed and expunged.
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