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Must I disclose certain arrest info to county law enforcement for volunteer job?

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alexinla

Junior Member
What is the name of your state (only U.S. law)? California

I am going to be fully honest in this thread so that I can get the best response. If anyone has any questions, please let me know and I'll fill in details.

In 1997, I was arrested for soliciting a prostitute in Long Beach, CA. Totally my fault for a bad decision. I was booked, fingerprinted, processed, and spent the night in jail before posting bond and out the next day. I obtained help from a local attorney who recommended pleading no contest to a lesser charge (disturbing the peace). This was because, at the time, Long Beach didn't allow for diversion programs, and they prosecuted solicitation quite hard. I agreed, we pled and everything was dropped to disturbing the peace. Back in 2000 (I think), I used the same attorney to get the event expunged because I had no other events during that time. It was expunged.

Years later (now), I find myself volunteering for a local sheriff's department doing radio communications, and to join the program, I basically need to go through a background check and full disclosure with the department. I will NOT be a paid or sworn officer; just a citizen volunteer. The application has a lengthy section for criminal history, to which I can answer No to just about everything. However, these questions concern me:

1. Have you ever been detained, questioned, held on suspicion, fingerprinted or taken into custody, by any law enforcement agency, for any reason other than minor traffic tickets?( ) Yes ( ) No
2. Have you ever been a suspect in any law enforcement investigation? ( ) Yes ( ) No
3. Have you ever been charged with a crime? ( ) Yes ( ) No
4. Have you ever been arrested? ( ) Yes ( ) No
5. Have you ever been in jail? ( ) Yes ( ) No
6. Have you ever been convicted or pled guilty to any crime? ( ) Yes ( ) No

My attorney told me that I don't need to disclose the arrest or report that I pled guilty in normal situations (job hire background check, etc). This has been proven out, since I've passed every job interview background check I've had in the past 20 years with no issues. However, this sheriff's application concerns me.

Question: do the same policies apply to this application? I.e., can I safely answer No to 1-6? Or is there a "deeper" background check that the sheriff will do that could pose problems for me? It's been hinted to me that "moral and ethics" charges may be disqualifiers for this citizen volunteer position. I'm hoping that this can all be safely behind me, since there has been no other criminal or legal issues since 1997, and that one charge was the ONLY one on my record at any date. Any advice or suggestions that you folks can give would be greatly appreciated.

Thanks!
Alex
 


CdwJava

Senior Member
Ask your background investigator or volunteer coordinator. Because, if they feel you are being dishonest you WILL be disqualified. And, depending on how in-depth they go (and what your state criminal offender record says about you), they may very well find out about this arrest and subsequent conviction. They won't care that the issue might have later been expunged and could very well DQ you based on a perception of dishonesty. Remember, you do not have a right to a volunteer job and they can not hire - or fire - you for pretty much no reason at all. So, don't give them one. Be honest.

Honestly, such an arrest, conviction, and expungement 19 years ago should not be a disqualifier for a volunteer position. However, dishonesty would be.
 

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