Record Clearance

[myoung_law]

What is the name of your state?What is the name of your state? CA
If asked whether you have ever been convicted of a crime by a private employer, what is the proper response if you have been granted a dismissal? Does the same reponse also apply when completing a University admission application?

Admission question: {Have you ever been convicted of a misdemeanor or felony? As used herein, a conviction includes a plea of guilty or nolo contendere or a verdict or finding of guilt, regardless of whether sentence is imposed by court. Please explain fully.}

Thx!

 

[CdwJava]

What is the name of your state?What is the name of your state? CA
If asked whether you have ever been convicted of a crime by a private employer, what is the proper response if you have been granted a dismissal? Does the same reponse also apply when completing a University admission application?
Thx!

If you were not convicted, than the answer to the question, "Have you ever been convicted ...?" would be, "No."

- Carl

 

[myoung_law]

If you were not convicted, than the answer to the question, "Have you ever been convicted ...?" would be, "No."

- Carl

That would be nice if I wasn't convicted. However, my lead-in statement asked the question how to respond if a dismissal/expungement was granted. Thx.

 

[CdwJava]

That would be nice if I wasn't convicted. However, my lead-in statement asked the question how to respond if a dismissal/expungement was granted. Thx.

Actually, that was NOT the lead-in ... here is what you asked:

"If asked whether you have ever been convicted of a crime by a private employer, what is the proper response if you have been granted a dismissal? Does the same reponse also apply when completing a University admission application?"

There was NO mention of an expungement in this question. So try not to be snippy, okay?

An expungement is a different animal. And that answer can be a little more complicated as it depends upon other factors such as the nature of the employer and employment. And if you have already been convicted, a dismissal would not exist because the charges were not dismissed - unless you were in an active deferral program such as Drug Court or Prop. 36 in which case the charges would be dismissed at the conclusion of the process.

- Carl

 

[myoung_law]

Hey Carl, I'm not trying to be snippy at all. Just need some input from knowledgable folks like you.

The issue I'm struggling with is in regards to an expungement. My conviction was expunged. So can I respond NO to a conviction on the University Application question as well as to a private employer?

Thanks again for your help.

 

[CdwJava]

Hey Carl, I'm not trying to be snippy at all. Just need some input from knowledgable folks like you.

The issue I'm struggling with is in regards to an expungement. My conviction was expunged. So can I respond NO to a conviction on the University Application question as well as to a private employer?

Thanks again for your help.

The documentation with the expungement should give you that information. At least there used to be documentation on that.

Here is one link:

http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/CA/CA-EXP.htm

If you search on Google you can get several hits.

The best bet would be to consult an attorney, just to be safe.

Good luck.

- Carl

 

[myoung_law]

Thanks for the information. I went to the site and got a few good points.

It tends to point out that an expungement makes the criminal conviction as though it never happened. But I don't want to take a chance with the application and should take your advice and consult an attorney.

Appreciate it.

-my

 

[nanaII]

Your record...

I would call the Clerk of Court's office that handled the case. I would ask them whether or not your record would show this charge if a criminal background check were performed. They should know.

 

[nanaII]

Definition of CONVICTED

con·vict [ kən víkt ]


verb (past con·vict·ed, past participle con·vict·ed, present participle con·vict·ing, 3rd person present singular con·victs)

1. transitive verb rule that somebody is guilty: to declare somebody guilty of a crime in a court of law ( often passive )
had been previously convicted of fraud


2. intransitive verb arrive at guilty verdict: to reach a verdict of guilty
juries who will convict on the slimmest evidence

If the charge was dismissed, then you were not CONVICTED. So, to answer your question, the answer would be "no".

 

[CdwJava]

I would call the Clerk of Court's office that handled the case. I would ask them whether or not your record would show this charge if a criminal background check were performed. They should know.

The Clerk of the Court (in CA) would NOT answer that type of question. I have known court employees to be fired for answering what are essentially legal questions. They can direct an inquiry to the proper contact or form to fill out, but they are not allowed to answer that kind of question as it can be very fact specific AND depends a great deal on the agency you are applying for.

If you were applying for a police position, you might have to disclose it depending upon the nature of the expunged record.

So to have a clerk answer it would be dangerous for the clerk's future employment.

- Carl

 

[myoung_law]

The Clerk of the Court (in CA) would NOT answer that type of question. I have known court employees to be fired for answering what are essentially legal questions. They can direct an inquiry to the proper contact or form to fill out, but they are not allowed to answer that kind of question as it can be very fact specific AND depends a great deal on the agency you are applying for.

If you were applying for a police position, you might have to disclose it depending upon the nature of the expunged record.

So to have a clerk answer it would be dangerous for the clerk's future employment.

- Carl

I agreed with Carl and have noticed that court personnel will not give "legal advice".

This issue surrounding your rights after expungement is very vague. What's the use if you can't definitively respond NO on an application for school admission or private employment?

I will consult a lawyer next week and get back to everyone soon.

Cheers.

 

[cdkelley]

State: California


I was always under the impression that an application couldn't ask about misdemeanors.Is this wrong thinking?