Legal Question in Employment Law in California

I was arrested for grand theft and conspiracy to burglary. The DA agreed to allow me entry into the diversion or deferred entry program. I completed the class and was not placed on probation. I am applying for a real estate license now and was wondering if I still need to disclose it? I've read that in these cases, employees cannot deny a license based on this but that was for PC 1000 a drug diversion program. Is that the same?


Asked on 9/30/10, 8:15 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Duh. Sorry, but the application itself says you must fully disclose any convictions, whether expunged or not. However, if you were actually never convicted, there is nothing to disclose unless the application says to disclose diversion cases. REad it, and ask the licensing agency for clarification, it is their opinion that counts. I don't know who told you that employers and agencies "can't deny" a license or employment for conviction or diversion, but they'd better go back to law school for a refresher course. It is entirely up to their discretion whether to grant your license over this.

Read more
Answered on 10/05/10, 12:29 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California