I had a misdemeanor DUI dismissed pursuant to penal code 1203.4. If I apply for a government job (federal, state, or county), am I obligated to disclose the prior conviction and dismissed case on the job application? Is the government employer allowed to use the dismissed case against me (discriminate) in hiring decisions?
Nobody is obligated to give you a job.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
If you apply for a government job, you must disclose your prior conviction, even it was later dismissed per 1203.4. The government employer can consider such a prior conviction is deciding whether to offer you a job.
California does not have a true expungement statute. If your conviction is expunged, your guilty plea is set aside, a not guilty plea is entered, and the case is dismissed. However, the conviction until the time of dismissal remains on your record, and if asked if you have ever been convicted, the answer is yes--you were convicted but the conviction was expunged. And an employer can use anything they want to consider if they want to give you a job. It is the discretion of the employer hiring you, whether it is the government or a private employer.
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