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Will a School District Find Out About Your Expunged Criminal Record

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  • 11-06-2013, 07:09 PM
    kdan65
    Will a School District Find Out About Your Expunged Criminal Record
    My question involves criminal records for the state of: CA

    Hello, yesterday I submitted an application for a school district job. I was recommended by a high ranking manager and have the job so long as I pass the FBI/doj live scan (submitted today). I have two misdemeanors that resulted from the same case. They are disturbing the peace and unlawful auto tampering. They have since been expunged so I did not disclose them on the app. On the app, it is worded the following way:

    "Have you ever been convicted of a felony or misdemeanor, other than a conviction related to marijuana if it is more than two years after the date of the conviction, or do you currently have a felony or misdemeanor charge pending? Convictions include a plea of guilty, nolo contendere (no contest) and/or a finding of guilty by a judge or a jury."


    I answered "no", as once expunged, the guilty plea is changed to not guilty, and outcome says dismissed under ca penal code 1203.4. Now I am stressing myself out wondering if I should've disclosed them, as I read that you have to disclose expunged offenses in ca when applying for a public position. I don't want to seem dishonest and lose the job because of that. It is a great job and would be a life changing event for me to get this position. Should I call HR and ask? I also don't want to open a can of worms if I don't need to. Please help, as time is of the essence.
  • 11-06-2013, 08:19 PM
    Disagreeable
    Re: Disclosing Expunged Misdemeanors (School District Job)
    They will be able to access the expunged records more than likely.
  • 11-06-2013, 08:28 PM
    kdan65
    Re: Disclosing Expunged Misdemeanors (School District Job)
    Quote:

    Quoting Disagreeable
    View Post
    They will be able to access the expunged records more than likely.

    I am pretty sure they will come up on the check. My question is should I have disclosed them even though plea now shows "not guilty", and should I call human resources and bring it to their attention before the results come back.
  • 11-06-2013, 09:11 PM
    Disagreeable
    Re: Disclosing Expunged Misdemeanors (School District Job)
    You did enter a plea of guilty, regardless of whether it was retracted or re-adjudicated.
  • 11-07-2013, 11:33 AM
    Mr. Knowitall
    Re: Will a School District Find Out About Your Expunged Criminal Record
    Read this.
    Quote:

    Quoting What a Dismissal Will Do
    Once all your convictions have been dismissed, this is what you can expect:


    1. Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code section 1203.4. So when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. But it is a good idea to read Penal Code section 1203.4, or California Code of Regulations section 7287.4(d), or to talk to the public defender in your county if you have questions about your rights and obligations regarding past convictions when applying for a job.
    2. Applying for government employment or a government license: For questions by government employers or on government licensing applications, if you are asked if you have ever been convicted of a crime, you MUST respond with “YES—CONVICTION DISMISSED.” In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards) will treat you the same as if you had never been convicted of any crime.
    3. You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
    4. Your dismissed convictions can still be used to increase your punishment in future criminal cases.
    5. Your prior convictions can still affect your driving privileges.
    6. If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender. Your status as a registered sex offender will continue to be available to the public on the Internet under Megan’s Law.
    7. If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed.

  • 11-07-2013, 03:00 PM
    kdan65
    Re: Will a School District Find Out About Your Expunged Criminal Record
    Quote:

    Quoting Mr. Knowitall
    View Post
    Read this.

    Thank you. I'll call and see if I can edit my app.

    - - - Updated - - -

    So I called HR and was able to edit my application, however she said the director will usually call in the applicant for an explanation once the background check comes back. By law, are they allowed to hold expunged records against you in the hiring process?
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