Legal Question in Criminal Law in California

Sealed record, and work release (furlough) crime disclosure

I face sentencing shortly.Guily of Grand Theft.Probation officer says possibility of work release during day, but they might contact current employer to verify employment and tell them of Felony charge. Grand theft was not work related, and there are numerous other circumstances (12 step recovery,made full restitution, etc. Anyway, is there any way that work furlough can verify, but NOT release Felony info to my employer. I will probably lose my job, which will defeat work release's whole purpose. Can I request that judge order whoever verifies employment to keep it as simply employment verification. Does a judge even have this kind of juristiction?

I suppose my question is this: How can I keep my employer from finding out about my criminal charges? Thanks in advance


Asked on 4/14/02, 10:15 pm

2 Answers from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

Re: Sealed record, and work release (furlough) crime disclosure

Your question is clear, but depending of your location, the terms "work release" and "work furlough" may mean different things. In LA, work release" is release from jail in order to work at Cal Trans type work, not your job. You sleep at home when you aren't picking up papers, etc. "Work furlough" is where you work at your job each day and sleep at the jail. "Work furlough" requires supervision and your employer generally has to know that you are in it, and the employer must cooperate to a certain extent. This differs, of course, with different counties and programs. It is typically more than just "employment verification" and there probably isn't any way to avoid it. However, you can discuss these issues with the work furlough people before you get sentenced and see if it works for you. In LA, the work furlough program is supervised by the Probation Department. I don't know how it will be in your town, but you should check with the Probation Department. Good luck.

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Answered on 4/14/02, 11:38 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Sealed record, and work release (furlough) crime disclosure

Thanks for your posting. As Mr. Mandell indicated, normally work release, or work furlough is supervised by probation, not necessarily the judge. If you have a probation officer assigned yet, you really should discuss this with him or her. Depending on the attitude of the probation officer, you might be able to get work release without contacting your employer. The purpose of contacting your employer, however, is to make sure that they accommodate your schedule regarding terms of probation. The court sentence comes first, so if there is a conflict between your probation terms and work, you must advise work that you have another commitment. Best of luck.

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Answered on 4/15/02, 1:51 pm


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