Legal Question in Criminal Law in California

If a felony/misdemeaor was commited does it have to be reported on a job application? Is there a stature of limitation of reporting such information.


Asked on 3/10/12, 2:53 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You have to answer about crimes you were convicted of. A conviction includes a plea of guilty or a plea of no contest.

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Answered on 3/10/12, 3:00 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Roach. Of course, you only have to reveal it if the application asks about your record. Most do, but some don't.

If you get your conviction expunged, you may not have to reveal it on some applications even if you are asked.

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Answered on 3/10/12, 5:18 pm
Terry A. Nelson Nelson & Lawless

Both above answers correct. You can't lie on the application, and no 'time limit' ever applies.

While the general rule is �Records are forever�, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and 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 If successful, the conviction would be withdrawn and the charges dismissed.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 does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensing by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, 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.

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Answered on 3/10/12, 5:41 pm


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