Legal Question in Criminal Law in California

Employment/Licensing

I have been arrested twice. Once when I was 18 for a drug possession charge. I got DEJ, it was dropped to a misdemeanor and went to a rehabilitation program that was ordered by the court. When this was done I was suppose to have it removed from my record. the second time i was arrested the charges were dropped. I was wondering when asked on an employment application or licensing for child care do I have to check yes when asked if i have been convicted of a misdemeanor?

Also my boyfriend had been arrested and had to participate in a work program and probation for a crime that he was wrongly convicted of. He was hired at a company but then fired after they ran a background check on him. Is that legal? and he is in the process of finishing this probation and getting the record expunged. he wants to apply to grad school in the medical field, would he have to say yes to this question of conviction?


Asked on 6/30/08, 6:26 pm

1 Answer from Attorneys
stephanie sauter Wilshire-Metro WorkSource

Re: Employment/Licensing

If you successfully completed your DEJ, the charges were dismissed and the records were sealed. You would not have a misdemeanor on your record. However, if you failed to complete the DEJ, it would beon your record. If you don't know, you'll have to check with the clerk in the courthouse where you had your case. If you were not convicted of the other case, you do not have to disclose an arrest. In CA it is not legal for an employer to inquire about arrests which did not lead to conviction or were dismissed through diversion, unless the case is still pending. There are a few exceptions-for instance, if you are trying to get a job at a healthcare facility and you will have access to drugs- you can be asked about drug-related arrests. Read your licensing application/paperwork carefully. If it is an application for a CA state license and requires you to list arrests which have been sealed if they involved drugs, you must answer truthfully. Most employers however cannot ask about arrests or diversion cases.

It doesn't matter if your boyfriend was "wrongfully" convicted. A conviction is a conviction. If he lied about it on an application, it is grounds for termination. If he was "wrongfully" convicted, there are other avenues to try and address the wrongful conviction-an appeal or filing a motion to withdraw a plea. Once probation is completed, he can file for an expungement.

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Answered on 6/30/08, 6:53 pm


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