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  1. #1
    Join Date
    Jun 2017
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    1

    Default Will Dismissed Misdemeanors Prevent Employment by a School District

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

    I am applying and being interviewed for teaching positions in California. I have 3 misdemeanors: Assault force from 2001, Threat crime 2001 (same incident). I was 18 and still in high school at the time. I also have a driving without a license from 2010. All three of these have been dismissed.

    I have received fingerprinting clearance already from the CTC, which is the state licensing board. But now that I am applying for teaching positions, each district will do their own fingerprints/livescan. On the district applications it only asks if I've been convicted of misdemeanors or felonies. It does not ask to disclose dismissed convictions, so I've been answering "no" to the convictions question.

    If I'm offered a position, and my dismissed charges show up on the fingerprinting, can they not hire me based on those dismissed charges? Would they think I'm a liar because I answered "no" to the convictions question?

    Thank you

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Will Dismissed Misdemeanors Prevent Employment by a School District

    As is explained here,
    Quote Quoting Once all your convictions have been dismissed, this is what you can expect:

    1. 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 11017.1 (operative July 1, 2017), 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.
    2. 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.
    3. You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
    4. Your dismissed convictions can still be used to increase your punishment in future criminal cases.
    5. Your prior convictions can still affect your driving privileges.
    6. 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.
    7. If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Will Dismissed Misdemeanors Prevent Employment by a School District

    I don't find anything like that at the link you provided.

    Moreover it contradicts the CA Labor Code:

    Labor Code - LAB
    DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] ( Division 2 enacted by Stats. 1937, Ch. 90. )
    PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. )
    CHAPTER 3. Privileges and Perquisites [350 - 452] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )
    ARTICLE 3. Contracts and Applications for Employment [430 - 435] ( Article 3 enacted by Stats. 1937, Ch. 90. )
    432.7. (a) (1) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. As used in this section, a conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial.
    http://leginfo.legislature.ca.gov/fa...7.&lawCode=LAB

    That part about answering "yes - conviction dismissed" has got to be wrong.

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