• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Mentioning Old Misdemeanor In Interview?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ratman_84

Junior Member
State: California

I'm currently employed but looking for another job. I have a misdemeanor DUI from 2008 that I got while driving my friend to the hospital. I know the circumstance doesn't matter legally, I'm just saying.

I completed the classes a long time ago and the probationary period ended 4 months ago. I'm currently having my lawyer file to have it expunged from my record, but apparently it takes 3 months for the paperwork to process (gotta love the State) and it should be expunged by mid October.

One job I'm applying for asks if I've had a misdemeanor but states that I don't have to mention it if I've completed a prevention program or the probationary period is over. Now, I could just wait until mid October when I really don't have to worry about mentioning it, but I don't want the job position to disappear.

My question is do I have to mention it at all, for any job, if the probationary period is over? Odds are the job search will continue into next month and then I just won't have to worry about it, but just in case, I'd like to know.

Another quick question while I'm here. I'm a computer tech and work for a mobile computer tech company. My manager tried to threaten me the other day by telling me that if I left the company, I couldn't do any of my own computer repair work via Craigslist and even went as far as saying I couldn't do it for another company for 1 year based on the contract I signed. Now, I remember a clause stating that I couldn't take customer information and use it to try to take the company's customers. That makes sense and that clause has been in the contract of other company's I've worked for.

Is it legal for the company to tell me I can't do computer repair work on my own if I'm not employed by them? Is it legal for a company to take away my right to work?
 


Beth3

Senior Member
Is it legal for the company to tell me I can't do computer repair work on my own if I'm not employed by them? Only if you've signed a non-compete to that effect however it's my understanding that in the State of California, there's almost no such thing as an enforceable/valid non-compete. If the boss brings it up again, as him to show you any non-compete you signed. (Sounds like he can't produce one.)

Is it legal for a company to take away my right to work? See above.

As to your other question, that's State-specific so I'll have to let someone more familiar with CA employment laws answer it.

BTW, even if your conviction is expunged, that doesn't mean it won't show up on a background check. The conviction will be expunged in court records only. It's still possible it might be found elsewhere. I'm just saying...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top