Criminal Records, Expungement Question about a job application "listing convictions"


New Member
So basically I got a job offer and I am required to fill out paperwork. They are going to be doing an investigative consumer report for me which says may contain criminal records. I tried doing research on an investigative consumer report, but the information is extremely vague.

Furthermore, I paid about $30 for an online criminal background check on myself and 0 criminal public records were found, yet I have heard these can be inaccurate.

I have to fill out a job application and it specifcally asks if I have "ever" been convicted of a criminal offense. It goes into further detail by exclaiming that I don't need to list convictions that have been sealed, expunged, dismissed or otherwise eradicated by a statute or court order.

The problem I am having is the eradicated by a statute or court order part because I know California in particular has a statute that most non-violent misdemeanors that are 7 years old are removed from public records.

I have two misdemeanors, but one was dimissed by an offical court ordered dismissal about 5 years ago so I do not have to legally list that. The other one is a very minor charge that occured 8 or 9 years ago. I currently have a law firm working with me who are in the process of dismissing that particular misdemeanor. However, my question is, since it is so old, do I still have to list it or am I getting the eradicated by a statute wording mixed up with something else entirely?

In addition, this law firm says they have had clients who haven't listed certain things and when questioned by an employer, the law firm wrote them a letter explaining that this charge was in the process of being dismissed or expunged which had always worked in process of getting hired.


Section 7287.4. Employee Selection states:

(1) Criminal Records. Except as otherwise provided by law (e.g., 12 U.S.C. 1829; Labor Code Section 432.7), it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning:
(A) Any arrest or detention which did not result in conviction;
(B) Any conviction for which the record has been judicially ordered sealed, expunged, or
statutorily eradicated (e.g., juvenile offense records sealed pursuant to Welfare and Institutions Code Section 389 and Penal Code Sections 851.7 or 1203.45); any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code Section 1203.4; or
(C) Any arrest for which a pretrial diversion program has been successfully completed pursuant to Penal Code Sections 1000.5 and 1001.5.

I do not know what a judiical dismissal is, but legally speaking an employer cannot ask about a misdemeanor conviction where probation was successfully completed or otherwise discharged and the case was judically dismissed.

Like I have said previously, the case in question is between 8 and 9 years old and I have paid all fees and I have completed probation.

So do I have to legally list any of these and if I don't list them and by chance they come up, what do I tell my employer? The fine print says my job offer is contingent on me passing a background check, but I really do not know what to do. If I legally do not have to list them, but they come up am I in trouble?
Since at the present time the conviction has NOT been judicially dismissed, the ONLY proper answer to a question beginning "Have you ever..." is Yes. If they didn't want you to list convictions 8 or 9 years old they would have said so.