My question involves labor and employment law for the state of: California
So basically I got a job offer and I am required to fill out paperwork. They are going to be doing an investigative consumer report for me which says may contain criminal records.
I paid like $30 for a criminal background check on myself and 0 criminal public records were found, yet I have heard these can be inaccurate.
I have to fill out a job application and it specifcally asks if I have "ever" been convicted of a criminal offense. It goes on further by saying that I don't need to list convictions that have been sealed, expunged, dismissed or otherwise eradicated by a statue or court order. The problem I am having is the eradicated by a statue or court order part because I know California in particular has a statue that misdemeanors that are 7 years old are removed or "eradicated" from public records.
I have two misdemeanors, but one was dimissed by an offical court ordered dismissal about 5 years ago so I do not have to legally list that. The other one is a very minor charge that occured 8 or 9 years ago. I currently have a law firm working with me who are in the process of dismissing that particular misdemeanor. However, my question is, since it is so old, do I still have to list it or am I getting the eradicated by a statue wording confused with something else? In addition, this law firm says they have had people who haven't listed certain things and when questioned by an employer, the law firm wrote them a letter explaining that this charge was in the process of being dismissed or expunged.
What exactly do I do?
The charge is pretty dumb so if I list it I don't think my employer would mind, however, I do not want to list something that isn't even on my record on the first place or something that I shouldn't be listing because of a law.

