Criminal Records, Expungement Reporting conviction on application after dismissal and expungement?

[lossinlaw]

Hi all!
I am applying for a hospital job that asks "Have you ever been convicted of a misdemeanor, felony, or military crime?" Yes/No
I am not sure what to put! I am from California. I first received a wet reckless (misdemeanor) a few years back and was put on probation. 3 months later I had what was considered a commercial burglary from a department store (misdemeanor). Obviously you think I would have learned my lesson. :no: Well the burglary was dismissed after a diversion program was completed. The wet reckless was expunged thereafter after the judge had mercy and ended my probation early because I had a job lined up and I also did volunteer and counseling.

So the employer will run a background check as well and I am not sure what to put (yes/no) if I have been convicted of a misdemeanor since I do have that dismissal and expungement on my record. Yikes!

Any advice is greatly appreciated. Thank you so much!

 

[army judge]

Hi all!
I am applying for a hospital job that asks "Have you ever been convicted of a misdemeanor, felony, or military crime?" Yes/No
I am not sure what to put! I am from California. I first received a wet reckless (misdemeanor) a few years back and was put on probation. 3 months later I had what was considered a commercial burglary from a department store (misdemeanor). Obviously you think I would have learned my lesson. :no: Well the burglary was dismissed after a diversion program was completed. The wet reckless was expunged thereafter after the judge had mercy and ended my probation early because I had a job lined up and I also did volunteer and counseling.

So the employer will run a background check as well and I am not sure what to put (yes/no) if I have been convicted of a misdemeanor since I do have that dismissal and expungement on my record. Yikes!

Any advice is greatly appreciated. Thank you so much!

If your record has been expunged, you can truthfully answer NO to their question about arrests/convictions.
In the eyes of the law, if your record has been PROPERLY expunged, the incident never legally occurred.
If you completed a diversionary program, again, your arrest should have been removed (for most purposes).
You'll never know until you try.
Good luck in getting that job.
In essence, you are as pure as a new born baby.

 

[lossinlaw]

Thanks for the quick reply!
I was fairly confused because I have read on East Bay Community Law Center website that being a hospital it is a "public employer" and that I still must say YES to the conviction question and can write - dismissed pursuant to penal code 1203.4.

But for the dismissal of the theft I saw I was protected because, "Arrests for which diversion was ordered and followed by dismissal should not be considered. Cal. Penal Code § 13203(c)1-3".

I read way into things