Criminal Background Check Disclosure

[bitterlogic]

California.

Hi,

2 years ago I was arrested and convicted for petty larceny. I spent 45 days in jail awaiting trial and was sentenced to 12 months suspended with time served.

I'm currently filling out applications for employment and I'm wondering if I would need to disclose this information based on what I found in CA Law that states:

"Applicants should not disclose convictions that have been sealed, expunged, or statutorily eradicated or any misdemeanor convictions for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed."

Would the 12 month sentence be considered probation? Would I need to disclose this?

Thanks in advance.

 

[swalsh411]

Well..... do any of those apply to you?

You are not required to disclose it but if the employer sees it on a background check and you didn't say anything they might not hire you.

 

[Beth3]

According to the bit of research i did on the web (which i cannot guarantee is accurate), petty larceny is usually a misdemeanor. My interpretation of the statement is that you don't have to disclose this however better safe than sorry - this conviction will turn up in a criminal background check so you may as well list the conviction.

 

[swalsh411]

You don't have to disclose a murder conviction if you don't want to.

 

[davew128]

You were credited with having served 45 days, so no you can't not disclose this because you didn't get just probation.

 

[Betty]

& since it most likely will show up on a background check, your best bet is to disclose it.