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Do I have to disclose a dismissed misdemeanor charge on a job application for a private firm

San Diego, CA |

My misdemeanor was granted dismissal under 1203.4 & 1203.4a. I have read VERY mixed answers from my research and want to know how I should approach this. I am applying to IBM.

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Attorney answers 5


You should not have to disclose a misdemeanor conviction that was dismissed under 1203.4 to IBM.

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at


No, you do not. As a private company there is no exception to the rule of expungement that agovernment agency would have.


Depends on the question they specifically ask, but, no you are not required to disclose.

Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006


You should be OK, but send a copy of the relevant portion of the application to your attorney for their review prior to sending it in to IBM.

Good Luck!

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


No , you are not required to disclose. However, if they specifically ask you for the information I would not recommend omission either. I would talk to an attorney to guide you through this issue.