Legal Question in Employment Law in California

Answer to felony conviction on employment application

I was convicted of a felony ~ 15 years ago on a charge of embezzlement. As part of my sentence, by completing restitution and probation, this conviction was reduced to a misdemeanor. I am now applying for employment with several companies. I recently completed an application with a temp agency, answering 'no' to the ''have you ever been convicted of a felony'' question, due to the reduction of this to a misdemeanor. However, after accepting some assignments, was offered a 'temp to hire' position requiring a 'full background check'. At that time, I informed the temp agency of this situation and was terminated by the temp agency. The questions I have are:

How should the question ''have you ever been convicted of a felony'' be answered on an employment application?

Legally, what is the disposition of this case?

What would a 'full background check' show as to this case?

What options do I have to have this permanently removed from my record?

Thank you


Asked on 12/08/04, 10:03 am

4 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Answer to felony conviction on employment application

Have it expunged. Call me directly at (619) 222-3504.

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Answered on 12/09/04, 12:51 pm
Terry A. Nelson Nelson & Lawless

Re: Answer to felony conviction on employment application

Depends upon how your record shows. IF you get the conviction expunged, you can legally respond with 'no' to the question to everyone but govt licensing agencies and security clearances. Once expunged, the record shows no conviction. Contact me if interested in seeking expungement.

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Answered on 12/09/04, 1:23 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Answer to felony conviction on employment application

Expungement under Ca penal code 1203.4

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Answered on 12/10/04, 8:01 pm
JEB Pickett Wynne Law Firm

Re: Answer to felony conviction on employment application

If the felony was reduced to a misdemeanor then you may answer "No" on the application form as there should be no "felony" reflected on your record. You should acquire a copy of your record from the Court in the County in which you had the conviction. This will show whether or not the felony was properly expunged. If it was not expunged, it still can be by following proper steps.

For faster (but costlier) assistance, see this company: http://www.record-clear.com/

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Answered on 12/08/04, 10:14 pm


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