Legal Question in Employment Law in California
I am applying for a job in the elderly health care industry in California. I had a court case that was "expunged" from my record years ago. I was asked to do a livescan background check tomorrow but today I filled out a form that asked about my history and I checked that I had no criminal history. Should I call the employer and be honest about the situation before the livescan is completed?
1 Answer from Attorneys
You should re-read the application. i assure you that if it is in health care, child care, elder care, education, and similar high risk and fiduciary positions, it asks for and requires disclosure of all criminal convictions whether expunged or not. Failure to disclose is a guaranteed denial of employment for 'fraud' when the live scan comes back showing the conviction. You may be able to explain and convince them it is not a bar to your employment because of how long ago it was, how minor the crime, etc.
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