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Will two 415(b) "Disturbing the Peace" infractions hurt my chances for employment?

Los Angeles, CA |

I've just graduated from college and am applying for jobs in the private sector and wanted to know what I should say when potential employers ask me if I've ever been convicted of a crime. Should I say no, because an infraction isn't a "criminal" charge? Also, if/when the potential employer searches my criminal record, will this show up on my record?

Another note is the infractions used to be misdemeanors for public intoxication and giving an officer a fake name. Does that affect anything when the companies do a background check?

Attorney Answers 1

  1. If you were arrested and subject to finger-printing, the infractions probably will show up. But why guess? Go to any of thousands of Live Scan outlets in California and order up your record. It's fast, cheap and reliable.

    The underlying facts and circumstances of the infractions can make a difference for employment that requires State licensing, and for obtaining State license. Look into California's weak version of expungement. That issue about lying to the cop may be troublesome down the road.

    It never works to lie, even about matters that should be confidential or off-limits. The digital age makes it too risky. Just explain when asked: a couple of college events got boisterous and you have an infraction or two for some rowdy conduct at college. Don't make too much of it.

    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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