Q: In California, do you need to disclose misdemeanor cases expunged under 1203.4 for a school volunteer application?
The expungements were more than 7 years ago. The volunteer application has conflicting language on whether or not they need to be disclosed. That said, they don't fingerprint for this level of volunteer.
A:
In California, the general rule is that you do not need to disclose expunged convictions when applying for most jobs or volunteer positions, especially if the convictions are more than 7 years old. This is because an expungement under California Penal Code 1203.4 effectively dismisses the conviction, and the law states that you are legally permitted to answer "no" when asked if you have been convicted of a crime.
However, there are some exceptions to this rule, particularly for positions that involve working with children, the elderly, or other vulnerable populations. In such cases, the application process may require a more comprehensive background check, including the disclosure of expunged convictions.
Given that the volunteer application you mentioned has conflicting language about disclosure requirements and does not involve fingerprinting, it is likely that you are not obligated to disclose the expunged misdemeanors. However, to be completely certain, you may want to seek clarification from the school or organization regarding their specific policies on expunged convictions.
It's also important to note that while you may not be legally required to disclose expunged convictions, if the school or organization discovers the expungement through other means, they may still have the discretion to consider that information in their decision-making process.
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