Legal Question in Employment Law in California

It's been twenty years since I was convicted of a felony. When asked if I've been convicted of a felony on a job application, can I mark no?


Asked on 3/01/12, 11:28 pm

3 Answers from Attorneys

You can mark "no," but you would be lying. Criminal records just don't go away due the passage time.

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Answered on 3/02/12, 7:19 am

Only if you want to be fired once they find out.

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Answered on 3/02/12, 8:49 am
Terry A. Nelson Nelson & Lawless

Application fraud, meaning in your case withholding conviction info, will get you fired as soon as they run your background check.

Records are forever�. However, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensing by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 3/02/12, 1:26 pm


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