Do I have to report a misdemeanor on my job application? 11 Answers as of October 25, 2010

I applied for a job and filled out the application. The application only asked me if I had a felony. It did not ask about Misdemeanor. The question was "Have you ever had a Felony?" I answered no. I have a Misdemeanor PC 487 A, and nothing else. Do you think they will still give me the job, after a background check. They never asked if I had a misdemeanor?

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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
If you are asked about a Felony you need not disclose a Misdemeanor. If you want to apply for a record clearance, we are able to do that quickly and efficiently. Call us to make an appt.
Answer Applies to: California
Replied: 10/25/2010
Wise Law Group
Wise Law Group | Michael J. Wise, Esq
Whether or not they will offer you the position depends entirely on the job and the person making the hiring decision. I fear you may have conveyed more information than you had to. If the application only request information about felonies, you were under no obligation to divulge your misdemeanor conviction. The fact that it is theft conviction makes it even more difficult for the prospective employer to hire you. If you entered your plea without going to trial and have met your obligations on probation you can apply for and receive an expungement of that conviction.
Answer Applies to: California
Replied: 10/25/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You do not have to report it. They are not worried about it.
Answer Applies to: California
Replied: 10/24/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If they did not ask about misdemeanors you obviously don't have to volunteer it. If you are concerned they might found out, you could schedule a meeting with the appropriate person at the company and volunteer the information as an example of your forthrightness. You might also want to have your conviction expunged under the procedures for the county in which it was sustained for the future.
Answer Applies to: California
Replied: 10/23/2010
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
Your answer was correct.
Answer Applies to: California
Replied: 10/22/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If they did no ask whether or not you had a misdemeanor, then you did not withhold any information. Whether or not they hire you I guess is there decision, but you do nothing wrong. You may want to consider having your misdemeanor expunged (ie. dismissed). I can help you with that if you would like.
    Answer Applies to: California
    Replied: 10/22/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You were truthful in the answer of the question. Can they decide not to hire you, of course they can.
    Answer Applies to: California
    Replied: 10/22/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Under California law they cannot ask you about misdemeanors and you gave a truthful answer to the felony question BUT a lot of places ask you to sign a waiver letting them get your entire rap sheet - then they come up with some bullshit reason for not hiring you. Also with the internet destroying all privacy they can probably Google your name and come up with it.
    Answer Applies to: California
    Replied: 10/22/2010
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    If they did not ask about a misdemeanor, they are probably not interested in that. You answered truthfully and should be commended! If they do not hire you, it is probably because of hard economic times rather than dishonesty.
    Answer Applies to: California
    Replied: 10/22/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Technically, they are not supposed to ask about misdemeanors, but they will find it in a criminal background check anyway. And, if you lie, you can be denied employment, or fired after hiring for the lie.

    You can consider expungement. 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 licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you are serious about doing so, and you think you qualify, feel free to contact me for the legal help you will need.
    Answer Applies to: California
    Replied: 10/22/2010
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