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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38129
Experience:  Retired (mostly)
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Im applying for a job and the application asks if Im convicted

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I'm applying for a job and the application asks if I'm convicted of seriuous misdemeanor. I have a DUI record that was expunged through PC 1204.3. Can I answer no to the question?
In general, if it is a private employer, then you do not have to disclose the conviction. If it is a government employer, then you must disclose.

Hope this helps.

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Customer: replied 4 years ago.
Is basic DUI (no injuries) considered a serious misdemeamor in California?
Penal Code 1203.4 provides for the withdrawal of the conviction and dismissal of the original charge. Therefore, as a matter of law, you have never been convicted of the DUI.

Since the question was whether or not you have ever been convicted of a serious misdemeanor, then presuming this is your only offense, the answer of "no" is the truth.

As for what makes a serious misdemeanor, there is no statutory definition. The general rule is that where the consequences of a misdemeanor is substanital enough to require that an indigent defendant would be permitted appointed counsel at public expense, then such a misdemeanor is serious. See, e.g. People v. Wong, 93 Cal. App. 3d 151, 155 Cal. Rptr. 453 (Cal.App.Dist.2 05/17/1979).

Hope this helps.


NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question (“To Socrateaser”), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!


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