Q: In CA, do I have to disclose an out-of-state misdemeanor on an employment application?
Here is the statement on the application, but the last sentence confuses me. Since I am applying for a CA job and the misdemeanor conviction happened out-of-state. “Have you ever been convicted of a felony or misdemeanor, or do you currently have a felony or misdemeanor charge pending? Convictions include a plea of guilty, nolo contendere (no contest) and/or a finding of guilty by a judge or a jury. If "Yes," list all convictions including, but not limited to convictions for "driving under the influence." Include any serious or violent felony conviction in any state or jurisdiction as enumerated in California Penal Code sections 667.6(c) and 1192.7(c).”
A:
Unless you are applying to a job in law enforcement or a national defense-related industry, such a question violates the Ban the Box law enacted recently in California. Businesses cannot ask for criminal history on an employment application. It can only ask that information of you AFTER it makes a conditional offer of employment to you.
You are in a difficult situation. You have the right to leave that part of the application blank. It is possible that you would be denied further consideration for doing so but it will be difficult to prove that was the reason your hiring was stopped. If you disclose the prior conviction, which they can ultimately ask you about after making the conditional offer of employment, it is possible you would be unlawfully disqualified anyway.
The location of the conviction will likely be considered inconsequential. When you are required to properly disclose prior convictions, it does not matter where you got the conviction.
Good luck to you.
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