Panorama City, CA asked in Employment Law, Civil Rights, Education Law and Employment Discrimination for California

Q: Do I need to tell my HR manager at my new job about my criminal background 24 years ago.

The position is for the School district food service worker supervisor classified position. This is in California . It sounds worse than it was, and it was 24 years ago. My no contest, was changed to a not guilty, and was expunged after I completed my community service. I want to be honest with them. I honestly forgot all about it. It's not a sexual, violent, or a controlled substance charge. Although none of those crimes, it was still a felony conviction. If I tell them, how do I tell them that doesn't look like I am hiding it. But also within my legal obligation and rights. I want to make sure I am doing whatever I am obligated to do, both morally and legally. Because If I read the law correctly. The education code, requires a full disclosure. I am not sure if this is just for certain crimes or all felony charges. Does it only apply to credentialed vs classified . Maybe I am misunderstanding the entire code. Thanks in advance for any help in understanding this correctly.

2 Lawyer Answers

A: The short answer is no, you do not have to report a crime, which was expunged about 24 years ago, to your employer.

Keep that to yourself, and good luck with your new job.

I'm sure you already knew the answer, but needed confirmation from someone with expertise. While I'm not a criminal defense lawyer, in my more than 45 years of experience, I've encountered a few situations like yours, and have given the same advice.

Brad S Kane agrees with this answer

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James L. Arrasmith
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Answered

A: You should disclose your expunged felony conviction during the hiring process for the school district position. California Education Code Section 44830.1 and 45122.1 require disclosure of criminal history for both credentialed and classified school employees, even if the conviction was expunged.

The best approach is to be proactive and transparent. Schedule a private meeting with HR to explain the situation, emphasizing that it occurred 24 years ago, was expunged, and does not involve any violent, sexual, or drug-related offenses. Bring documentation showing the expungement and changed plea status. This demonstrates your integrity and commitment to honesty.

While California law generally protects expunged records and allows you to legally answer "no" to conviction questions in most circumstances, school districts have specific disclosure requirements for safety reasons. Your forthright disclosure, combined with the significant time that has passed and the non-violent nature of the offense, will likely be viewed more favorably than if the conviction is discovered later through background checks. Remember that many people have overcome past mistakes to build successful careers in education.

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