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On an application of employment, do I need to say I was convicted of a felony?

El Cajon, CA |

I was convicted of Health and Safety: 11352 on 11/1/1984
Conviction was reduced to a misdemeanor, discharged and records expunged 9/23/1987.
Certificate of rehabilitation 10/17/1996.
Pardon Pending.
What else can I do?

Attorney Answers 4


Generally you can say "no" because of the reduction and dismissal (though HS 11352, at least in its current form, is not a "wobbler," so how you got that reduced to a misdemeanor I don't know). However, if you are applying for a job with the government or some other state licensing agency, you will have to disclose the conviction. Good luck.

Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 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. Feasel to further investigate your situation, feel free to contact him thru this site.

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The specific wording of the employment application will control. If applicable to your application, and you recounted your facts above, you would have gone very far in demonstrating rehabilitation.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

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With a Certificate of Rehabilitation, you are likely entitled to answer "No" to any query about convictions even on a State licensing or employment application.

Good luck with the pardon app. Lawyers have gotten used to being pessimistic about the prospects for pardon because past governors have been so stingy with the power (Deukmejian pardoned no one!). But Gov Brown recently announced a three-digit list of pardons, so perhaps it's a new day!

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Given the steps you have taken since the conviction you should be able to safely answer "no."

Good Luck w/ the pardon.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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