How doI answer an employment application regarding a summary probation?

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How doI answer an employment application regarding a summary probation?

I am currently on 3 years of summary probation for a first offense misdemeanor DUI. My fines are paid in full and I have successfully completed DUI school. I have 2.5 years remaining. I am filling out a job application. It states: “CA Applicants: Do not identify any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been dismissed by a court”. How do I answer this question?

Asked on February 20, 2011 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I think that you should speak with an attorney in the California are on the matter.  In my opinion you have not successfully completed probation and the matter has not "otherwise" been "discharged" nor has the case yet been dismissed by a court.  It will be, as I understand it, once the 3 years - which is the minimum in California - is up, but not now.  I always think that it is better to err on the side of disclosure in these type of matters.  You do not want an employer to think that you have something to really hide.  But really, ask an attorney in your area.  Good luck to you.


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