Legal Question in Employment Law in California

I applied for a job @ a school and during the interview i disclosed i have a previous felony from 2001.

A few days later i found out the person that interviewed me told someone with in the company that i have a felony.

this person told someone else asnd someone else told someone else and now the wrong person knows.

is this legal?

I am in California

Thanks


Asked on 6/12/10, 12:55 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You used poor judgment in telling this person about your felony. Next time you have a job interview, keep your mouth shut.

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Answered on 6/13/10, 8:46 pm
Terry A. Nelson Nelson & Lawless

Your record is readily available in a background check by any employer, and every smart employer will do so. Records are forever, however, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 6/14/10, 11:11 am


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