I have 4 things on my record that r all over 7 years old.Dismissed this year july of 2014. can i answer no on job app
5 attorney answers
Were the convictions expunged pursuant to PC 1203.4? If so, the answer is: it depends. Speak with an attorney who can advise in the context of your applying for a specific position. Mr. Hill is correct, the factual innocence petition is out the window, as you have been convicted.
As of July of this year most employers are prohibited from asking abut criminal records on a job application. There are a few exceptions such as if the job entails working with children or the elderly, some medical jobs, etc.
You can refuse to answer the question, but that may make your potential employer think you have something to hide. I would not lie, because if they find your record in a background check, lying would probably insure that they do not hire you.
There is no way to "seal" your record in California (unless these were all Juvenile Court cases). CA does have a limited remedy called PC1203.4 Petition for Dismissal. This is available to defendants who successfully completed probation and were not sentenced to state prison. If granted, the order adds an entry to the record of your case that the charges are now "dismissed." I thorough review of your criminal history is needed in order to determine your eligibility for this limited "relief."
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you.
In California, there is no provision for sealing adult records unless you apply for and are granted a finding of factual innocence under Penal Code section 851.8. Since you were actually convicted of these seven offenses and they were over two years ago, you are ineligible for relief under 851.8. Sorry, you cannot answer "no" on your job application unless you lie.
Exactly what question is asked on the job application and have you ever been convicted? See or speak with a local attorney about getting matters like this sealed.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.