Non-Disclosure of a Criminal History on a Job Application
My question involves criminal records for the state of: California
I have applied to a school district in California, i am confused on what i should have put on my application, it states that if you have a misdemeanor marijuana possession over 2 years not to add to app. I do from 2009 its 2015 so i believe i wouldn't need to add it, i have had other charges but the judge expunged them when i went to court with a letter from my current employer and they expunged my record. I did not know i would need to add that to my application either. So i selected no i had no convictions, simply based on that knowledge. My background check has been delayed and the only reason that i can assume is because of those charges but i am so worried, i have a 3 year old and another coming in December and i need this job. Is there anything i should do to proceed and fix a problem if there is one, i have no felonies just misdemeanor marijuana, and i believe a drunk in public and misdemeanor petty theft. The last two were expunged. I need help.
Re: Employment Background Check Delayed
What happened when you asked them this question?
Re: Non-Disclosure of a Criminal History on a Job Application
If you were expressly told that you did not have to report your marijuana convictions, and your two other misdemeanor convictions were set aside pursuant to PC Sec. 1203.4, then under the facts you have shared you would not have to report the convictions.
You can ask your prospective employer about the reasons for the delay, and see how they respond. Perhaps they're simply slow.
Re: Non-Disclosure of a Criminal History on a Job Application
i havent asked them about the expunged charges because i am unsure if it will show up, i did not complete a form to get them expunged that is just what the judge had told me when i went to court that the charges will be expunged. When i asked about the marijuana charge they told me that its a school district and even though it states not to put that on the app that i should have because it is a school district, they also said that the delay could be the fingerprints themselves but after 3 weeks they have to offer the job to someone else. Im not sure what to do, pay to get another one done ask to edit my app. Would the school disqualify me if expunged charges show up or what?
Re: Non-Disclosure of a Criminal History on a Job Application
If you assumed that the charges would be automatically expunged without any further action by you, and did not verify that it actually occurred, this would be a good time to follow up and find out what actually happened.
Re: Non-Disclosure of a Criminal History on a Job Application
i am doing so, but the information wont be provided to me for a while and since im trying to get this job im trying to figure out before they do to help further my chances of getting the position.
Re: Non-Disclosure of a Criminal History on a Job Application
The issue appears to be related to a closed background check vs an open one. Due to the interaction with children, they will likely have full access to expunged records and can likely consider them as it is a safety issue with the children. I have a cousin with an expunged record for a minor altercation. Because of it, he cannot obtain a school bus driving job, even though he has prior experience driving school bus and drove tractor trailer for years.
Re: Non-Disclosure of a Criminal History on a Job Application
None of the charges were violent or altercations. Its for grounds maintenance so i will not being interacting with children
Re: Non-Disclosure of a Criminal History on a Job Application
Assuming that the convictions were, in fact, dismissed, the California Courts explain,
Quote:
Quoting What a Dismissal Will Do
Once all your convictions have been dismissed, this is what you can expect:
- 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.
- 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.
- You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
- Your dismissed convictions can still be used to increase your punishment in future criminal cases.
- Your prior convictions can still affect your driving privileges.
- 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.
- If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed.
Re: Non-Disclosure of a Criminal History on a Job Application
Quote:
Quoting
cooke5
i havent asked them about the expunged charges because i am unsure if it will show up, i did not complete a form to get them expunged that is just what the judge had told me when i went to court that the charges will be expunged. When i asked about the marijuana charge they told me that its a school district and even though it states not to put that on the app that i should have because it is a school district, they also said that the delay could be the fingerprints themselves but after 3 weeks they have to offer the job to someone else. Im not sure what to do, pay to get another one done ask to edit my app. Would the school disqualify me if expunged charges show up or what?
I meant what happened when you asked about the delay ...