Legal Question in Criminal Law in California

If a job application says to disclose your past convictions even if they have been expunged/dismissed and you do have convictions that have been dismissed can I legally say no?


Asked on 9/26/14, 5:16 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Yes, on most private employment applications. But....

Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. They are not supposed to ask about misdemeanors, only felonies, but those rules are frequently ignored, and all they have to do is look to see your record, then accuse you of resume fraud and lying to deny you the job. It is a grey area in which you are not going to get a lot of support.

Expungement will help in obtaining employment. When applying for most jobs in the PRIVATE sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. The licensing agency and employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

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Answered on 9/26/14, 5:45 pm
Anthony Roach Law Office of Anthony A. Roach

No, not if your employer asks you about convictions that were later dismissed. Lying on an application is not the right answer.

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Answered on 9/27/14, 3:23 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

Yes you may but you may not get the job,

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Answered on 9/27/14, 10:51 pm


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