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  1. #1
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    Default Do You Have to Disclose a Drunk in Public Conviction to an Employer

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

    If an application ever asks if I have ever been convicted of a criminal offense, should I list a drunk in public that I got arrested for?

    Even though I got arrested for it, it was only considered an infraction.

  2. #2
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    Default Re: Is Drunk in Public a Criminal Offense

    Please don't start separate threads for the same issue. It only serves to confuse the volunteer legal experts here...oh wait! Maybe that's what you're trying to do?

    If this "drunk in public" is the misdemeanor you were talking about in your previous thread, then according to the law you researched and quoted, your employer is legally allowed to ask you about it. While you're not legally required to tell your employer about it, your employer is legally allowed to rescind its job offer to you, or fire you at some later date (even any time after it's been judicially dismissed) for not reporting it when asked.

  3. #3
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    Default Re: Is Drunk in Public a Criminal Offense

    I believe it was an infraction.

  4. #4
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    Default Re: Is Drunk in Public a Criminal Offense

    OK so when you first talked about it and thought you didn't have to report it to your employer, you called it a misdemeanor. Now that you've learned you do have to report it to your employer it's suddenly an "infraction" - interesting.

    - - - Updated - - -

    (And BTW, according to the CA penal code, public intoxication is a misdemeanor. You can call it an infraction 'til the proverbial cows come home, but your employer will still expect you to report it on the application form.)

  5. #5
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    Default Re: Is Drunk in Public a Criminal Offense

    Yes, PC 647(f) is a misdemeanor criminal offense. However, if you were released without any charges (no citation to court), than you were either only arrested and never prosecuted or convicted, OR, you were released per PC 849(b) which says you were taken in for being drunk and that the "arrest" is legally only a "detention."

    In any event, if you were not convicted, CA state law does not require you to disclose that on most private employer applications or backgrounds - only convictions.

  6. #6
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    Default Re: Is Drunk in Public a Criminal Offense

    OP was given probation. Sounds pretty convicted to me.

  7. #7
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    Default Re: Is Drunk in Public a Criminal Offense

    Quote Quoting eerelations
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    OP was given probation. Sounds pretty convicted to me.
    If that's the case, then, yeah.

  8. #8
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    Default Re: Is Drunk in Public a Criminal Offense

    Quote Quoting eerelations
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    OP was given probation. Sounds pretty convicted to me.
    First of all stop making assumptions and ridiculous claims. The drunk in public was a completely seperate incident from my misdemeanor that is about 8-9 years old. My misdemeanor was a failure to report lost or stolen property.

  9. #9
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    Default Re: Is Drunk in Public a Criminal Offense

    OK so what happened with your drunk in public charge? Did you do jail time and/or probation?

    - - - Updated - - -

    Quote Quoting JMH
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    First of all stop making assumptions and ridiculous claims. The drunk in public was a completely seperate incident from my misdemeanor that is about 8-9 years old. My misdemeanor was a failure to report lost or stolen property.
    So I stated that I suspected (not assumed) that this "drunk in public" thing was the misdemeanor you were talking about in your previous thread. Instead of correcting me, you said it was an infraction. So I quite naturally assumed that the drunk in public thing was in fact the misdemeanor that you were talking about in your previous thread. How on earth would I know otherwise?

    Anyway, the bottom line is (one more time) that your employer is legally free to ask you to report about any misdemeanors that have not been judicially dismissed. And your employer is legally free to rescind its job offer/fire you should you refuse to answer this question truthfully. Period.

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