Legal Question in Criminal Law in California

misdemeanor charges

I was fired from a job in 2003 for petty theft, charging misdemeanor. I was ordered to do 40 hrs. of volutary service and was successfully completed. The case is dismissed. Currently I wam employed. Do I have to show this in my job applications where there is a question about this?


Asked on 3/04/08, 11:35 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: misdemeanor charges

If asked, you can't lie about convictions or anything else on applications, that would be resume fraud and grounds for firing when discovered. However, employers are not supposed to ask about misdemeanors, but they can easily find them when doing a criminal background check as any intelligent employer should.

You say the case was 'dismissed', which implies there is no conviction. Check with the court.

If there actually is a conviction, then you could seek expungement by a motion to the court, which would allow you to say 'no' to conviction on most private employment applications. If you need that done, feel free to contact me.

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Answered on 3/04/08, 1:03 pm


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