Given a Job Offer - Should I Disclose Dismissed Charges

My question involves labor and employment law for the state of: California

Three years ago, I was arrested and charged with petty theft. I was given deferred adjudication and the case was dismissed after I attended a class. I understand that by California law this does not equal a conviction.

I was offered a job with a public organization, the application to which I answered truthfully, no I have not been convicted of a misdemeanor. I was not asked about anything else.

I'm expected to go through the background check process next, including an FBI check that will show the arrest and disposition of "dismissed." My question is -- should I voluntarily disclose to the employer this incident even if I have not been asked about it? Can they use this information to later rescind the job offer? I figure that they will find out anyway so I should be honest before the background check. But I don't want to disclose more information than is necessary.... so should I take the risk?

When you say, "some years ago", how many years are we talking? It makes a difference.

3 years ago

That's still within the realm where it can be picked up. However, as long as you answered all questions truthfully, I'm not a fan of volunteering information that is not requested. As long as you are telling US the truth when you say that you told THEM the truth, I think you can safely leave well enough alone.

Thanks for your response. Yes, I was completely truthful in my application. And correction, the program I entered was called deferred entry of judgement (DEJ), not deferred adjudication, if that changes anything.

One other thing: I have found an application for certification that I will need to complete as part of my job. It states that I will be dismissed from my job if I do not sign that "no, I have not received a court-ordered penalty (including deferred adjudication, etc)." The form requires me to sign this statement. However, dispositions of "dismissed" are not included.

My question here is about the difference between deferred and dismissed--does a disposition that is "deferred" mean that the case is currently still underway? After my DEJ, I was told by my lawyer that the case was dismissed, therefore the disposition should be "dismissed" not "deferred"... correct? I have not done a background check on myself... should do that at some point.

Should I still not disclose to my employer if I would not be able to receive this certification (and therefore can't do my job?)? I ask because I have to relocate, and, well... I don't want to sign a lease if I won't have a job. I'm thinking that if the employer knows about my incident and still lets me work, I should be able to pass this certification step. If they know that I won't pass this step later down the road, then they'll rescind the job offer and I won't need to unnecessarily deal with moving (and the excitement over finding a job...).

Please let me know what you think!

I said I didn't think you should volunteer information that wasn't asked for, but under no circumstances do I advise lying. Not only is that immediate grounds for termination, but then when you look for your NEXT job you get to tell all your prospective employers WHY you are back in the market.

If you cannot honestly sign this statement and have it be true, then yes, I would have to advise you to notify them of such and explain why.

no, I definitely do not intend on lying. This certification step happens later, after I've started working. I haven't even been given the application and only found it through some internet research. There is another form floating around the internet that I will be able to answer truthfully, "no I was not convicted of a misdemeanor" in place of this statement regarding the deferred adjudication. I don't know which form I will be given--they are equal except for this statement. The difference is finding out now or later.

I suppose I'll just wait for the background check to come through and don't disclose anything that is not needed.

Thank you for your time.