Legal Question in Criminal Law in California

I have a misdemeanor conviction (grand theft felony, which was reduced). It was expunged 8 years ago. I was advised to answer "yes - dismissed" to a job application question (for an administrative position at a public school): "have you ever been convicted for any offense against the law?". Should I give details? Or just leave it like that. I was never arrested nor incarcerated. There was never any direct proof against me just my admission that I knew my co-worker was stealing money and I did nothing about it so I was dragged along (she was my friend outside work so yes, it did not help). Thank you,

Asked on 4/26/13, 9:38 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Expungement does NOT ‘clear’, 'remove', ‘erase’ or ‘disappear’ the conviction. Nothing will. ‘Records are forever’. 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. That record is accessible in background checks.

Expungement will help in obtaining employment. 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, security clearances, bonding, etc]. The licensing agency 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 4/27/13, 1:49 pm

Anthony Roach Law Office of Anthony A. Roach

I don't think Mr. Nelson's canned answer provided any answer to your question. You should provide details if you are asked, or if the form requests further information.

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Answered on 5/17/13, 11:18 am

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