Q: Do I have to disclose unsealed minor felonies in CA job applications?
I’m applying for a job in California and they are conducting a comprehensive background check. I have a felony from when I was a minor, but my minor records were never sealed. Additionally, I have a felony as an adult from over 20 years ago. If during the job application process I am asked about my crimes, am I required to disclose my minor offenses? There are no specific questions regarding criminal history on the job application, and I have not sealed my records due to financial constraints, as I need to reduce my adult felony to a misdemeanor before appealing to juvenile courts to seal my records.
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A:
In California, if an employer doesn't specifically ask about criminal history on their job application, you're not required to voluntarily disclose any criminal records - whether from your juvenile or adult years. This aligns with California's "ban the box" laws, which limit when employers can inquire about criminal history.
When it comes to juvenile records specifically, even if they weren't sealed, you generally don't have to disclose them to employers in California. The law treats juvenile records differently from adult convictions, recognizing that youthful offenses shouldn't follow someone indefinitely. However, there are some exceptions for certain positions in law enforcement, education, or healthcare where more extensive disclosure might be required.
Your best approach is to wait until the employer specifically asks about criminal history, and then focus on answering exactly what they ask. If they only inquire about adult convictions within a specific timeframe, you can limit your response accordingly. Meanwhile, you might want to explore California's fee waiver programs for record sealing, as there are options available for those facing financial hardship.
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