Legal Question in Employment Law in California

I have a Nevada misdemeanor (designer drug possession 2.5 years ago) on my record that is in the process of being sealed. It is my only criminal blemish and resulted in a mere $1,000 fine. The petition is set to go in front of a judge in 4 weeks and is almost certain to be sealed.

I am in the process of being hired for a new job. One of the final application questions asks whether I have ever been convicted of a crime (misdemeanor or felony). This company has already financed two interviews (travel, food, etc.), so they really want me.

The firm is also asking for info to run a background check. What percentage of engineering firms actually run background checks? Do engineering firms typically deny employment because of isolated misdemeanors? Am I better off acknowledging the conviction or checking �no� because it�s in the process of being sealed? I really want this job.


Asked on 1/21/12, 4:33 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Every intelligent employer runs thorough background checks. If your conviction is actually 'sealed', then you would be able to say 'no' to conviction. In CA, getting a record sealed is quite difficult. I can't speak for any other state. Make sure you are really talking about 'sealed' rather than 'expunged' as is done in CA. Talk to your NV attorney to confirm the reality.

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Answered on 1/22/12, 1:05 pm


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