Interviewing for a county job as a nurse working in an ambulatory care clinic. Concerned about how to bring up my pending case/conviction (obstruction of justice) during the interview
An employer cannot ask an applicant about arrests not resulting in conviction. In this situation, you indicated it is a pending case, so you presently have no conviction on your record. Further, public employers (LA County likely would fall within this definition) are prohibited from asking job applicants about their criminal convictions at all, until further down the interview process.
You need to plan for the event by asking your counsel if you were represented by counsel. If not it would be a good idea to seek counsel. I can't advise you what to do but I would not mention it unless asked. I would also know the law on the matter and take notes if the subject comes up so you can defend yourself better.
Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Good Luck starts with a strategy and a plan. Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.
Employers can not ask job applicants about arrests not resulting in conviction. In addition, they cannot ask about misdemeanor convictions. You probably don't need to bring it up, but you should discuss this with your criminals defense attorney. Good luck.
Disclaimer: This reply is not intended to be and does not constitute legal advice or the establishment of an attorney-client relationship. I always recommend consulting with an attorney, especially since many attorneys offer free, no-obligation consultations.
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