Do I Have to Disclose a Misdemeanor That Was Expunged?

Question by BIB: Do I have to disclose a misdemeanor that was expunged?
This is a job in CA at a UC Hospital.
The conviction is posession of stolen property.(vehicle). The position is working on electronic medical records, so I will not be taking care of any patients but will likely be around them when going to client locations. So would you say it is safe to just say no and not worry about it??

Best answer:

Answer by michr
NO, but you must realize that the information may still be part of the public record or still on the Internet (once anything makes it to the Internet it is there forever)…….
SO, if the information is uncovered and you have tried to hide it that fact may be held against you by an employer…..
as far as the law is concerned there are very VERY few jobs that even a convicted felon can NOT hold, what employers are looking for by asking these types of questions are for signs about applicants honesty, maturity, if they have convictions what they learned from the experience and how they deal with those facts……… the laws encourage the hiring of applicants who have made mistakes, how you have changed and what you have learned is what most employers care about….

in your case there may be some legal issues, depending on the job you apply for and what the crime was….
anyone who applies for any job that deals with children, elderly, and those who are medically vulnerable can NOT have had any criminal issues involving abuse
(of any kind sexual/child/elderly/emotional/physical),
and almost any drug related offense.

you need to assume that everything from your past WILL be discovered
(regardless of what legally can be used),
and have a plan in place to deal with those facts.
it is up to you to make the errors in your past irrelevant, your words and actions need to show that you are the best person and applicant for the job you are applying for.

EDIT:
the issue here is NOT patient care but patient “information”
your past crime may be very relevant to the hospital, and lying about stealing MAY say to them that you did NOT learn your lesson……
I personally would NOT answer no to the question, expunged records can be seen whether or not it shows in a consumer report will depend on who does the report. even if including this in a consumer report about you may be an error (which you have the right to correct), once it is reported it will seem that you were trying to hide it….

with the job-market as it is today my advise may be very bad advise, employers are very selective and there are hundreds of applicants for every job so although I would be honest about it that may be bad advise. I would hope that society has not changed so much that it is now better to lie then be honest but i may just be nieve………

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