Legal Question in Criminal Law in California

is one obligated to disclose a felony if it is older than 10 years when applying for a private company?


Asked on 2/18/12, 8:54 pm

2 Answers from Attorneys

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

No. You of course would be taking the risk that they would find out, and that they would care either about the felony or the fact that you omitted it. If you have not already done so, you might want to consult an attorney about applying for a certificate of pardon and rehabillitation, and/or apply to have the offense reduced to a misdemeanor and then "expunged."

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Answered on 2/18/12, 8:59 pm
Terry A. Nelson Nelson & Lawless

Age of the conviction is irrelevant.

"Obligated"? No. But if they ask and you withhold the truth, when they find it later in a background check [which any intelligent employer will do] you could be immediately terminated for resume fraud.

However, if your intended job is in schooling, child care, health care, etc., then you are obligated to disclose, because you would have to obtain state licensing, certification or 'clearance'.

For your consideration: 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 If successful, the conviction would be withdrawn and the charges dismissed.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'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement specifically does NOT restore firearms rights lost due to felony conviction. 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 2/20/12, 1:04 pm


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