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  1. #1

    Default Felony Reduced to Misdemeanor. Offered a Job, What to Put on Application

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


    Hello all.

    Well, I had a felony dropped today to a misdemeanor and 2 days ago I got offered a job which can/will turn my life around. I'm extremely nervous because I know that it will still show if a background check is pulled(which it will be) because it was so recent. On the application it asks "Have you been convicted of a felony within the last 7 years?" . Can I put no in this section? I have my court paperwork explaining that the 17b motion was granted and I am no longer a felon. Will this detour them from wanting to hire me although its not a felony?

    Any help is appreciated. Thanks guys.

  2. #2

    Default Re: Felony Reduced to Misdemeanor. Offered a Job, What to Put on Application

    For what it is worth, in other states once a court reduces or expunges a felony conviction the former offender has the right to inform prospective employers of his updated conviction record. He does not have an obligation to disclose what was on his prior record. Again, you want to speak with someone directly who can give you a definitive answer on the impact of the successful motion.

    Whether your prospective employer can withdraw its offer is also a matter of California law. In most jurisdictions, an employer can withdraw a job offer for any lawful reason. A few jurisdictions, however, make it illegal to discriminate against former offenders. (For example, I think either the NYC or the New York State anti-discrimination statute prohibits bias against former offenders.) I do not know whether your state, county or municipality has such protection.

    In sum, it would be good if you can speak to an attorney with experience in criminal procedure and in employment law.

  3. #3

    Default Re: Felony Reduced to Misdemeanor. Offered a Job, What to Put on Application

    thank you for the information. I made an anonymous call and asked what i should put down if i HAD a felony and it was dropped to a misdemeanor, they told me to put no and if it was still on my record because it was so recent to bring in paperwork and the misd alone would not disqualify me. This is a sigh of relief.

    Does anyone know how long it takes a background check to reflect recent changes?

  4. #4
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    Default Re: Felony Reduced to Misdemeanor. Offered a Job, What to Put on Application

    Quote Quoting undotime
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    thank you for the information. I made an anonymous call and asked what i should put down if i HAD a felony and it was dropped to a misdemeanor, they told me to put no and if it was still on my record because it was so recent to bring in paperwork and the misd alone would not disqualify me. This is a sigh of relief.

    Does anyone know how long it takes a background check to reflect recent changes?
    There is no one type of background check. If you use a data mining company, then the records might reflect results pulled some years back. If it is a government agency, chances are they are getting current data. It is impossible to say for certain what might happen.

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