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Expunged Conviction on Job Application?
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Expunged Conviction on Job Application?
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If a candidate had a prior conviction legally expunged, are they required to list that conviction on a Job Application?
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Expunged Conviction on Job Application?

posted at 1/4/2012 2:01 PM EST on Workforce Management
Posts: 2
First: 1/4/2012
Last: 1/4/2012
If a candidate had a prior conviction legally expunged, are they required to list that conviction on a Job Application?
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Re: Expunged Conviction on Job Application?

posted at 1/4/2012 7:23 PM EST on Workforce Management
Posts: 32
First: 10/25/2011
Last: 8/27/2012
possibly...depends upon the nature of the position being applied for.  An example would be some federal positions.
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Re: Expunged Conviction on Job Application?

posted at 1/4/2012 8:38 PM EST on Workforce Management
Posts: 148
First: 9/29/2011
Last: 12/10/2012
You might want to make sure that this is really expunged and that it's not going to show up on a criminal background check.  If it does and you state that you've never been convicted of a felony, good chance that you won't get hired.
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Re: Expunged Conviction on Job Application?

posted at 1/5/2012 8:51 AM EST on Workforce Management
Posts: 10
First: 9/22/2011
Last: 1/20/2012
Hi: 
The answer to this question varies across states.  While the California Deparment of Fair Employment and Housing restricts employers from inquiring or seeking information about any applicant concerning any conviction for which the record has been judicially ordered sealed,

expunged, or statutorily eradicated--other states lack similar restrictions. 

I trust this is helpful. 

Dave Arnold, Ph.D., J.D.

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Re: Expunged Conviction on Job Application?

posted at 1/5/2012 12:53 PM EST on Workforce Management
Posts: 148
First: 9/20/2011
Last: 12/12/2012
In Response to Re: Expunged Conviction on Job Application?:
Hi:  The answer to this question varies across states.  While the California Deparment of Fair Employment and Housing restricts employers from inquiring or seeking information about any applicant concerning any c onviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated--other states lack similar restrictions.  I trust this is helpful.  Dave Arnold, Ph.D., J.D.
Posted by davearnold


Dave
What about Federal court convictions?
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Re: Expunged Conviction on Job Application?

posted at 1/6/2012 10:17 AM EST on Workforce Management
Posts: 10
First: 9/22/2011
Last: 1/20/2012
Hi:  
Expungement of federal court convictions is not common and the circuits vary in terms of whether expungement at the federal level is even appropriate.    That said, I haven't observed any distinction in state statutes or guidance regarding disclosure of federal v. state convictions that have been expunged.  

Hope this is helpful.   

Dave Arnold, Ph.D., J.D.
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