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  1. #1
    Join Date
    Apr 2013
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    Default Do I Have to Disclose a Misdemeanor Possession Charge on a Job Application

    My question involves criminal law for the state of: California

    I had my felony (possession of marijuana with the intent for sale) reduced to a misdemeanor possession charge [HS11357(a)] of concentrated cannabis. This is strange because I never possessed concentrated cannabis; it was just marijuana. The misdemeanor is also expunged.

    California job applications state not to disclose misdemeanor marijuana possession charges over 2 years old. Would I need to disclose my misdemeanor possession of concentrated cannabis?

    Thanks in advance

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Do I Have to Disclose a Misdemeanor Possession Charge on a Job Application

    The Labor code prohibition on asking about marijuana charges does not apply to 11357(a). Despite the fact that you didn't have concentrated cannabis, you plead that you did and that's all that matters.

    432.8. The limitations on employers and the penalties provided for
    in Section 432.7 shall apply to a conviction for violation of
    subdivision (b) or (c) of Section 11357 of the Health and Safety Code
    or a statutory predecessor thereof, or subdivision (c) of Section
    11360 of the Health and Safety Code, or Section 11364, 11365, or
    11550 of the Health and Safety Code as they related to marijuana
    prior to January 1, 1976, or a statutory predecessor thereof, two
    years from the date of such a conviction.

    However, all that is neither here nor there. The reading on the previous section 432.7, says that a CALIFORNIA private employer also can't ask about EXPUNGED CALIFORNIA offenses (which are for practical matters dismissed).


    Government employment and license applications however can INDEED ask this (and won't have that 437.8 exception on then application). In this case you'd be safer to list the conviction and say it was dismissed/expunged.

  3. #3
    Join Date
    Apr 2013
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    3

    Default Re: Do I Have to Disclose a Misdemeanor Possession Charge on a Job Application

    Quote Quoting flyingron
    View Post
    The Labor code prohibition on asking about marijuana charges does not apply to 11357(a). Despite the fact that you didn't have concentrated cannabis, you plead that you did and that's all that matters.

    432.8. The limitations on employers and the penalties provided for
    in Section 432.7 shall apply to a conviction for violation of
    subdivision (b) or (c) of Section 11357 of the Health and Safety Code
    or a statutory predecessor thereof, or subdivision (c) of Section
    11360 of the Health and Safety Code, or Section 11364, 11365, or
    11550 of the Health and Safety Code as they related to marijuana
    prior to January 1, 1976, or a statutory predecessor thereof, two
    years from the date of such a conviction.

    However, all that is neither here nor there. The reading on the previous section 432.7, says that a CALIFORNIA private employer also can't ask about EXPUNGED CALIFORNIA offenses (which are for practical matters dismissed).


    Government employment and license applications however can INDEED ask this (and won't have that 437.8 exception on then application). In this case you'd be safer to list the conviction and say it was dismissed/expunged.
    I appreciate your help flyingron.

    The job I am applying to is a private firm and since my misdemeanor was expunged, I did not disclose it. Did I do the right thing?

    Also, the firm uses LexisNexis, an agency that runs background checks for organizations in all types of industries (which also include government). If the charges was reduced and expunged in 2011, is there any chance it can pull up this record and report it to my employer?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Do I Have to Disclose a Misdemeanor Possession Charge on a Job Application

    A court record may still exist reflecting the court case AND the expungement.

    Do you recall under what Penal Code section your case was expunged? Or, under what program was your case expunged?

    And how do you KNOW it was expunged? I have heard from a great many people that they thought a matter was expunged only to find out later that it was not.

  5. #5
    Join Date
    Apr 2013
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    3

    Default Re: Do I Have to Disclose a Misdemeanor Possession Charge on a Job Application

    Quote Quoting cdwjava
    View Post
    A court record may still exist reflecting the court case AND the expungement.

    Do you recall under what Penal Code section your case was expunged? Or, under what program was your case expunged?

    And how do you KNOW it was expunged? I have heard from a great many people that they thought a matter was expunged only to find out later that it was not.
    I have my court papers in front of me and it actually says "ORDER GRANTING PETITION FOR DISMISSAL" which was granted. It doesnt state exactly which penal code that was under but at the bottom of the form, it states in small letters: "Pen. Code 1203.3, 1203.4, 1203.4a" which I believe represents the type of form it is

    Perhaps it wasnt expunged, but rather dismissed; Im unsure about the differences



    EDIT: I also have another form from around the same time that states the following

    I, certify that: I am not a party to the above-entitled case; that on the date shown below, I served the following document(s):
    ORDER GRANTING PETITION FOR RELIEF (PC1203.4 & PC1203.4a)

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