Legal Question in Criminal Law in California

do i have to report my expungement for a city job?

Asked on 11/21/12, 7:46 pm

3 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro
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No, but if they do a thorough record search they will find it.

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11/21/12, 7:53 pm
Robert Marshall Law Office of Robert L, Marshall
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Yes, you DO have to disclose it.

There's really no such thing as a true expungement in California. What you received was probably a dismissal under Penal Code 1203.4, which specifically requires you "to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery."

Under the definition in California Government Code 82048, all state and local government employees are "public officials."

Under the California Labor Code, PRIVATE employers are not supposed to inquire scout convictions dismissed under Penal Code 1203.4 or include them in background checks.

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11/21/12, 11:05 pm
Terry A. Nelson Nelson & Lawless
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It is on your record and you are obligated to fully disclose on any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc], for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. Lie about and you will be fired immediately upon them finding it.

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11/22/12, 12:21 pm

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