Application Asks if You Have "Ever" Been Convicted - Conviction Over Seven Years Old

[arilana]

My question involves a background check in the State of: California
I recently was offered a position at a .com company. The application asks: Have you ever been convicted of any crime?

I had to put yes as I have a 2002 conviction for Theft. Also in 2006 a conviction for Reckless Driving. Both are misdemeanors, I asked the recruiter if I should list the one from 9 years ago and she said I needed to unless it was dismissed.

After the check was run I was told by the company that ran my check that I should not have listed the 2002 information as California only goes back 7 years when reporting, they don't follow the Federal standards of reporting, regardless..

Because I had a "theft" on the report that I provided I was considered "non-competitive" or not qualified for the position even though the background check came back clean. I asked them also that, because I was working in IT how is Theft considered for the type of job I do? I have no hand in any finances or money related portions of my job. They said that it is standard across the board and they just don't hire based on that specific information I provided, they also said the reckless driving is not considered as it is not related to my job.

They told me I can re apply in 60 days if I wanted, so I am reaching out to a lawyer to get my record expunged. On their form it says not to list any convictions that have been sealed or expunged. So once my record is expunged I am going to re apply.

My worry is they have the 2 charges on file and would add them to the application even though legally I would have had them cleared.

Can they do that, can they use that against me if I reapply and disqualify me from working due to a past application even though I legally have the charges sealed/expunged?

I am supposed to meet with a lawyer about the expungement hoping to have a heads up before the appointment, any information you can give me would be appreciated.

[cyjeff]

Are you asking if they can use your own admission against you if you apply again.

Of course they can.

Don't apply there again. They don't have to forget what you told them because you want them to.

[cdwjava]

Because I had a "theft" on the report that I provided I was considered "non-competitive" or not qualified for the position even though the background check came back clean. I asked them also that, because I was working in IT how is Theft considered for the type of job I do? I have no hand in any finances or money related portions of my job. They said that it is standard across the board and they just don't hire based on that specific information I provided, they also said the reckless driving is not considered as it is not related to my job.

Theft is considered a crime of moral turpitude. As such, it reflects directly on a person's moral character and can cause employers to be very wary of employing someone who might be seen as untruthful.

http://en.wikipedia.org/wiki/Moral_turpitude

My worry is they have the 2 charges on file and would add them to the application even though legally I would have had them cleared.

Can they do that, can they use that against me if I reapply and disqualify me from working due to a past application even though I legally have the charges sealed/expunged?

They can still look at the old application, yes.