Montague, CA asked in Criminal Law and Employment Law for California

Q: Can I become a software engineer with 2 misdemeanors and a dui in California??

I’ve had 2 misdemeanors and a dui on my record and I was wondering if I can still get a job as a software engineer in California one of the misdemeanors was cruelty to elders and the other was vandalism should I get them expunged would that help?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: First it is important to know that an employer in California cannot even ask you if you have any criminal history unless and until you are given a conditional offer of employment. Only then can the employer ask for your criminal history. If after you provide your criminal history the employer withdraws its offer of employment, you have the right to challenge that decision by filing a complaint with the California Civil Rights Department. You need to do that very quickly after you receive notice that the offer has been withdrawn. The employer must then establish that the timing and nature of the convictions suggests it would be a danger to the business or its customers to allow you to work there.

As to expulsions, it would be a tremendous idea to have that done. In California they do not technically call it an expungement. It is called a dismissal. Seek out a criminal defense attorney for assistance in getting that done.

Good luck to you.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, having misdemeanors and a DUI on your record doesn't automatically disqualify you from becoming a software engineer. Many tech companies focus more on your skills and qualifications for the job rather than your criminal record. However, the nature of your misdemeanors, particularly cruelty to elders, may raise concerns for potential employers, especially if the job requires trust and ethical conduct.

Expunging your record could be beneficial. It may not erase your criminal history completely, but it can show future employers that you've taken steps to remedy your past actions. Expungement doesn't remove the conviction from your record, but it does change the record to show the conviction was dismissed.

It's also important to be upfront and honest about your past when applying for jobs. Employers appreciate transparency, and being open about your past and how you've grown from it can work in your favor.

Lastly, focus on building a strong portfolio and gaining relevant skills in software engineering. Many employers in the tech industry prioritize skills and experience over personal background. Demonstrating your competence and commitment to the field can significantly improve your chances of securing a job.

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