Legal Question in Employment Law in California

Many years ago, i was hired by the State of California for an office

job. The job application did not ask me if I had any convictions. I

passes the background check (standard 7 year background check by an

outside agency) and was hired. In the past I had a couple ofmisdemeanors and a

felony for drug possession. AFTER I was hired, I was asked to fill out

another from that, among other things, asked if I had ever been

convicted of a crime. I listed the misdemeanors (which had not shown up on the background check, as they were past the 7 years), but did not list the

felony as it had been previously expunged per 1203.4a. I was told by my

expungement attorney that i only had to list it if I were to be

LICENSED by the state, and this job does not require a license. Now I

find out that maybe I should have listed it for ANY state job whether it

requires a license or not. I did not knowingly leave it off!

How much trouble might I be in if this is found out? Can I be fired? Am I

facing possible criminal charges? I did not knowingly leave it off!

Thank you for your help.


Asked on 2/14/11, 9:01 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Trouble? It's called resume fraud, for which you can be immediately fired upon them learning of it, no matter how long ago. Your claimed ignorance will be of little to no excuse for the lying on your application. However, if they don't find it from further background checks, you don't have to volunteer it. You just can't lie about it again. If another application calls for disclosure, do so fully in compliance with the law. By then you will have been employed for so long that they may ignore the offense.

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Answered on 2/14/11, 3:01 pm


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