Legal Question in Employment Law in California

i expunged my misdemeanor(domestic violence)and can now state "no" when asked if convicted of any crime on a work application.however,since iam applying to security guard jobs which require a guard card(which was revoked due to the domestic violence case,but currently trying to reinstate.)the employer asks if i have ever had my gaurd card revoked? and if yes, why?.if i answer yes,i would contradict my "no" answer to employers question"have i ever been convicted of any crime".how should i go about this? can you help me?


Asked on 12/10/12, 3:12 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If you lie on the application, you commit perjury for which you can be fired or denied employment.

You should have learned at the time that expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. When applying for a job 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, guard card, 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 12/10/12, 6:09 pm


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