Do I have to disclose a misdemeanor possession charge on a job application

[thumper619]

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

I had my felony (possession of marijuana with the intent for sale) reduced to a misdemeanor possession charge [HS11357(a)] of concentrated cannabis. This is strange because I never possessed concentrated cannabis; it was just marijuana. The misdemeanor is also expunged.

California job applications state not to disclose misdemeanor marijuana possession charges over 2 years old. Would I need to disclose my misdemeanor possession of concentrated cannabis?

Thanks in advance

 

[swalsh411]

Except for jobs requiring a government security clearance, you are never legally required to truthfully answer any question on a job application.

 

[FlyingRon]

The prohibition on asking about marijuana convictions only applies to section (b) and (c).

However other labor code rules say that private employers can't ask about dismissed charges which yours appear to be (that's how you get things expunged in California). However the State and Federal employers can ask, so it would behoove you to answer "Yes, but indicated the charges were dismissed."

 

[thumper619]

The prohibition on asking about marijuana convictions only applies to section (b) and (c).

However other labor code rules say that private employers can't ask about dismissed charges which yours appear to be (that's how you get things expunged in California). However the State and Federal employers can ask, so it would behoove you to answer "Yes, but indicated the charges were dismissed."

Technically, yes, it is a "dismissal" under penal codes 1203.4 & 1203.4a. I did not disclose it and I hope I did the right thing.

The application asked if I have ever been convicted of a crime other than traffic violations