Application question - California

[needtoknow]

What exactly by definition does the question " Have you ever been convicted of a criminal offense?" mean by definition? I am 46 yrs old and have had a misdemeanor back when I was in my early 20's. A wreckless driving conviction (misdemeanor). Am on probation (not with DMV) for this misdemeanor for 3 yrs. Also paid a fine for dog not having tags.

Because this company does background checks I want to be sure I list the right things.

So I list all these things? Please advise. Have job interview Monday.

Thanks,
Need2know

 

[Attorney_Replogle]

My understanding of California employment law is that the employer or potential employer may lawfully only ask about felony convictions, not misdemeanors such as yours. Given that the question is illegal, then I would state "No" on the application. If you are told that you are not being hired because of fraud on the application (for failing to state the two matters you wrote about) then I would tell them that the question is illegal. Do they really want to fight about this is the question that should be running through their mind.

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Mark B. Replogle

 

[needtoknow]

Thank you for your response. I feel better now that I know what I should devulge.

Thanks!