Legal Question in Employment Law in California

I was convicted of a misdemeanor in California on November 19 of 2010 for a fake ID charge. A friend of mine also received a misdemeanor, but for a different charge and they told her about something called a declaration. She was able to find employment with a misdemeanor while I�m still struggling to find a job. I was wondering what's a declaration, what it does, and how can i obtain one. And also, if I was to apply to jobs and able to get a declaration later, should i put that i haven't been convicted of any crimes or misdemeanors on future job applications?


Asked on 8/02/11, 3:02 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You are possibly referring to a "Declaration of Factual Innocence" which is sometimes available to those whose cases are dismissed without conviction, for lack of evidence. Yours wasn't, and it doesn't sound like hers was either. You should ask her to show you what she is talking about. It would have to be a court order regarding the conviction.

However, you can consider in the future getting the conviction expunged; which would help in obtaining and keeping employment. Many 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 and Domestic Violence 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 If successful, the conviction would be withdrawn and the charges dismissed.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 merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide 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 8/02/11, 5:30 pm


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