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  1. #1
    unemployed43 Guest

    Deferred Entry of Judgement

    California.

    I was charged with felony possession of controlled substance 4 years ago.
    Case was dismissed after I completed Drug Diversion program PC1000.

    I was also charged with grand theft 2 years ago.
    This case was dismissed after I paid for damages and performed 16hrs community service.

    Here's my problem, I'm trying to apply for a job as airport screener with the TSA(transportation security administration). I'm doing fine with the application process so far, they made a contingent offer for employment, but first I must pass their background check. They are inquiring about my criminal record,

    1) have you ever been charged or convicted with felony
    2) have you ever been charged or convicted of drug related crime
    3) if no to 1) and 2), have you ever been arrested, imprisioned, convicted for other crimes not listed.

    CAN THEY ask those questions?!? It's so unfair! Have I been charged/arested?!? Those cases were dismissed, do I have to answer them?

    FYI, the form they're using on me is

    "Questionnaire for National Security Positions (SF86 Format)"

    It's just a airport screener job... ....
  2. #2
    unemployed43 Guest
    FYI


    [url]http://www.drcrime.com/diversion.html[/url]
  3. #3
    unemployed43 Guest
    from the instructions

    Authority to Request this Information

    Depending upon the purpose of your investigation, the United States Government is authorized to ask for this information under Executive Orders 10450, 10865, 12333, and 12356; sections 3301 and 9101 of title 5, United States Code; sections 2165 and 2201 of title 42, United States Code; sections 781 to 887 of title 50, United States Code; and parts 5, 732, and 736 of Title 5, Code of Federal Regulations.


    Doesn't california have some state laws that protect me from having to answer those questions if the cases were dismissed??
  4. #4
    CdwJava is online now Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,529
    Federal law trumps state law on this issue. Plus, even in CA there are many jobs that will permit that line of inquiry.

    Yes, they CAN ask those questions, AND they will confirm your criminal history or lack of it as well.

    Sorry, but sometimes your past can come back to haunt you.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  5. #5
    unemployed43 Guest
    Thanks for the reply. Man, this is bumming me out. This would have been a nice job with good pay.
  6. #6
    calatty is offline Senior Member
    Join Date
    Feb 2001
    Posts
    1,611
    CA Penal Code 1000.4. Successful completion of program; record; disclosure of arrest

    (a) Any record filed with the Department of Justice shall indicate the disposition in those cases deferred pursuant to this chapter. Upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted deferred entry of judgment for the offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a deferred entry of judgment program shall not, without the defendant's consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.

    (b) The defendant shall be advised that, regardless of his or her successful completion of the deferred entry of judgment program, the arrest upon which the judgment was deferred may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830.

    The problem is, even though you have a right to say no, they might accuse you of lying if you do because they are going to check your criminal record. You could say no and then in parentheses (per CA PC 1000.4).

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