Do I have disclose conviction if it was expunged? 2 Answers as of December 05, 2016I have an out of state misdemeanor conviction from 5+ years ago that was recently expunged. Do I need to legally disclose my conviction even though it was expunged out of state on a job application for a position at a public university? Here's what it says: Have you ever been convicted of any misdemeanor or felony (INCLUDING TRAFFIC VIOLATIONS AND/OR ANYTHING YOU BELIEVE WAS DISMISSED/EXPUNGED/SEALED UNDER 1203.4)? This includes any offense where you were found guilty, plead guilty or plead nolo contendere (no contest). (You may omit; a: Conviction of misdemeanor while under the age of 18, only if the record is covered under Penal Code 1203.45. b: Any conviction specified in Health and Safety Code 11361.5. c: An conviction of Health and Safety Code section 11357 (b) or (c), or subdivision (c) of Health and Safety Code 11360, or Health and Safety Code sections 11364, 11365, or 11550, if the date of the conviction is more than two years prior to the date of this application for employment).
Rockhill Pinnick LLP | Jay Rigdon
This does not appear as if you are answering this under Indiana Law, as the job application references statutes that Indiana does not have. Repost with the state of your conviction, residence, and the state where the university is located, and maybe someone can help you.
Answer Applies to: Indiana
WFB Legal Consulting, Inc. | William F. Bernard
An employer may ask about your conviction record. It is important to answer specifically based on the questions that are asked and to answer truthfully. If you do not answer truthfully, the employer has the legal right to refuse to hire you. If you are hired and the employer later finds out that you lied, they may fire you. However, by law, an employer *is not *allowed to ask you about any charges, arrests or convictions that have been expunged from your record. After the record is expunged, it is legally considered to no longer exist. This includes charges or cases that were dismissed, or where you were found not guilty. This does not include multiple charges for the same offense where only some of the charges were dropped.
Answer Applies to: California