Legal Question in Employment Law in California
Reporting Criminal Infractions on a Job Application
I recently accepted a job offer. The employer is currently running an Investigative Consumer Report on me. To the question ''have you ever been convicted of a crime?'' I answered ''No.'' I was charged with a Misdemeanor, but convicted of an Infraction five years ago. My court papers said the ''Imposition of sentence is suspended for 1 year,'' which I assume meant probation for one year. The Job application stated that ''California applicants need only disclose those convictions for which probation has not yet been successfully completed.'' Should I have answered ''Yes'' because I was convicted of an Infraction, not a Misdemeanor? Thank you for your consideration.
1 Answer from Attorneys
Re: Reporting Criminal Infractions on a Job Application
If you were not convicted of a misdemeanor or a felony, you need not reveal the information. The problem is that the case is a matter of public record and the employer will most likely find out about the infraction and ask you questions about it. State law makes it unlawful for an employer to ask about arrests that did not result in a conviction. While you can refuse to discuss it because you only pled to an infraction, your employer may not appreciate this tact. Sometimes it is better to be open and honest and hope you are dealing with a person who appreciates honesty. Tough call to make.
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