Am I required to disclose a past 16 year old expungement to a school district for employment consideration?

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Am I required to disclose a past 16 year old expungement to a school district for employment consideration?

Was arrested for a small amount of drugs I had for personal use. It was a first offense however, due to the fact my current employer then, wouldn’t allow me to additional time off every other Saturday I had to work, I was unable to complete my last to drug diversion classes. Ultimately, I was charged with a felony, spent 1month in county jail, released, and completed my 3 year probation. Subsequently, I was granted an expungement and record clearance. I have not had any problems with the law since, and am completely drug and alcohol free for over 17 years.

Asked on February 6, 2012 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well you need to seek counsel to see if the expungement actually occurred and it is off of your record. If it is, then you do not have to report it but you need to make sure it is completely off of your record, from arrest to conviction to diversion programs. If there is any trace of this on your record, then you will be in a situation wherein you will be forced to either explain the situation or explain matters have been expunged. Keep in mind that the school district is responsible for minors, so essentially you will run the risk when you apply but your explanation that you have been drug and alcohol free for over 17 years will be helpful.


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