If I have felony cases expunged/dismissed, do I have to disclose that prior to taking a fingerprint/live scan for an employer?

Asked over 3 years ago - Los Angeles, CA

I want to work for a bank that is a federal savings bank. I've had 2 felony marijuana convictions and 1 DUI which have all been expunged/dismissed. Now, my career is headed in a direction where I need to be fingerprinted/live scan for this position. If my employer asks have I been convicted of anything ever, do I answer yes or no?

Attorney answers (3)

  1. Amy Katherine Guerra

    Contributor Level 12

    Answered . Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code §1203.4. That's good, because for the most part if you're applying for a job in the private sector, you do not have to disclose a conviction if it was dismissed or expunged.

    Unfortunately, when applying for government employment or a government you must disclose the fact that you had convictions, and that they were dismissed. For the most part, in California, even though you're required to disclose the conviction government employers and licensing agencies will treat you the same as if you had never been convicted of any crime (except for employment in law enforcement).

  2. Christine C McCall

    Pro

    Contributor Level 20

    Answered . I must respectfully disagree with Ms. Guerra. Most California State licensing agencies are extremely concerned about license applicants' prior criminal convictions and will make getting the license (or keeping it if already issued) a challenging legal fight. They are particularly resistant to issuing an unrestricted license if the prior criminal convictions are theft-related or drug-related.

    Licensing law is a distinct legal specialty and only long experience with the individual licensing Boards and Commissions enables an attorney to accurately predict in a given case which prior convictions are likely to be an impediment to occupational/professional licensing in California.

  3. Lauren Johnson

    Contributor Level 13

    Answered . I believe that you do not need to disclose convictions that have been expunged pursuant to 1203.4. Arrests are a different story.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,991 answers this week

2,794 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,991 answers this week

2,794 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary