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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I was convicted of two felonies for residential burglary

Customer Question

I was convicted of two felonies for residential burglary over 8 years ago in California and since then I've gone back to school got my Associate's degree and two Bachelors degrees and I'm currently working on my masters. I'm in the process of getting my record expunged but it is taking time. For over five years I've been working at my university's library as a student assistant. They never asked if I had any criminal history on the application nor at my interview. I've been promoted to the highest level a student can get and now they are doing background checks on everyone in our department. Does the university have the legal right to let me go despite the fact that I never did anything wrong nor lied about my background?
Thank you
Submitted: 6 months ago.
Category: Legal
Expert:  CalAttorney2 replied 6 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 6 months ago.

California is an "at will" employment state. What this means is that your employer can release you for any reason, or no reason.

You have not lied, or misrepresented yourself, but if the employer decides that your criminal record is not compatible with their employment needs they may decide to terminate you.

In my experience, employees in your situation who have worked for an employer for a long period of time and demonstrated a strong track record as both an employee and as a citizen since the time of their past infractions are less likely to be released from their employment than those employees that have checkered employment histories, or who have relatively recent convictions.

I understand that this probably does not offer you a lot of guidance as to what your employer may or may not do with your particular case - but unfortunately I cannot guess the future any better than you are able to do so. If you have a good working relationship with your supervisors and managers, this will go a long way towards keeping your employment.