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I saw this on a job application. I am not sure why this application says I shouldn't answer this question regarding a felony...

San Diego, CA |
Filed under: Felony crime

Felony Instruction:
Have you ever been convicted of a felony, which has not been sealed, expunged, dismissed, nulled, pardoned, impounded, or otherwise statutorily removed? A “yes” answer does not automatically disqualify you from employment, since the nature, date of conviction and type of job for which you are applying will be considered.
If you live in or are applying for a position in California, Colorado, Georgia, Hawaii, Kansas, Massachusetts, Michigan, New Jersey, New York, Oregon, Pennsylvania, Utah, Washington, or Wisconsin you should NOT answer this question.


Is this specific to this company or is there a broader reason why I should not be answering questions about felonies if I live in the state of California.

Attorney Answers 4


  1. It appears to be company specific.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  2. I agree with Mr. Driesen. It seems specific to this company. My best guess is that in California at least, if one has had a conviction expunged, the conviction must still be disclosed in applying for certain state licenses and permits. Thus, an applicant who answers this may be confused about how to answer if the application did not just say, "don't answer this if you live in California."


  3. This is a question for an employment attorney. I believe that there are restrictions that prohibit the asking of past criminal offenses - although they could be found if a background check is done .

    Andrew Roberts (818) 597-0633/ (805) 496-7777


  4. Sounds like a good thing for you if you live in California. What are you complaining about?

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