Are you required by law to reveal felonies? 4 Answers as of August 05, 2010

Generally speaking, are job seekers required by law to reveal past felonies? Does this make expungement pretty necessary? Does it pay to have a lawyer help with it?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Your prospective employer can find out about any felonies that you may have. So don't lie on your application. Expungement will help. It is more difficult with a felony than a misdemeanor and it will depend on the facts of your case. You should have an attorney do this for you. For more detailed information contact me.
Answer Applies to: California
Replied: 8/4/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Untruthful answers to employment applications will lead to denial of employment, and to termination for cause, i.e. lying.

Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you're serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 8/4/2010
Prometheus: A Social Justice Law Firm
Prometheus: A Social Justice Law Firm | Aly Ebrahimzadeh
You have to answer honestly to any question on an application for a state or federal job or benefit, or other application requiring your honest answers, as to your past criminal record. Expungement proceedings, along with a Petition for Dismissal requesting reduction of "wobbler" crimes from felonies to misdemeanors, reduction of formal probation to court probation, and other relief, are useful. However, they do not eliminate your duty to honestly answer questions on such applications as to whether you've ever been convicted of a felony. A lawyer is very useful in such proceedings, as they are not formulaic but rather require arguments and declarations to help your case. I do provide such work for my clients, and you can contact my office for an initial consultation if you are in Northern or Central California.
Answer Applies to: California
Replied: 8/4/2010
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