Follow up on Notification of criminal convictions

[fitz]

What is the name of your state? Ca

Info for all you legal pundits that responed to my previous post on this subject.

Response back from three employment attorneys that I have contacted concerning this matter:

All three agree I have no obligation to report this matter before case outcome.

If attorney were contacted by employer on this matter if they should terminate me, they said no. Reason being conviction is not related to his job. Not a safety risk since I do not operate any company vehicles and is not insured by my employer. Also, would not advice employer not to use this policy as basis to terminate. It's too vague and raises constitutional privacy issues. This occurred when I was off duty, there's no connection to my job that could outweigh my privacy rights. Did not lose my license. This is not a crime of moral turpitude, violence, or theft.

One attorney recommends that I ask criminal lawyer if I can get conviction dropped but still be required to do whatever counseling, community service, programs are required with a conviction plus pay all associated fines. Really let the criminal lawyer know what's at stake regarding my job.

 

[CdwJava]

Response back from three employment attorneys that I have contacted concerning this matter:

All three agree I have no obligation to report this matter before case outcome.

That's pretty much a no-brainer since you have not yet been convicted ... however, depending on the job you are applying for, you might be required to reveal it. Certain government or security clearance positions will require such a disclosure.

And, note, that the burden would be upon YOU to prove that you were not hired because of your criminal history - they do not have to prove anything. I doubt that the job would pay enough for you to engage an attorney just to get the position.

- Carl

 

[fitz]

Hey CdwJava:

I am not applying for a job. This is concerning the job that I currenlty have. I have no intention applying for any type of government job. Four years in the military convinced me of that.

If convicted of a misdemeanor I would have to wait three years until I would be able to get this conviction expunged from my record.

 

[paguy88]

courious what have you decided to do? tell work or asuming you are convited?