If a misdemeanor grand theft charge in California has been expunged and dismissed and years later I am a plaintiff in an auto accident case, would I have to disclose the conviction under oath if it went to trial? Trial only question?
Answer
Quit worrying. The judge will rule on the issue in advance.
Answer
Expunged means you can say you were never convicted, if asked under penalty of perjury, you will have to say that you were arrested, but can add that you were never convicted.
Answer
The CA law on expungement says: you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. It does not say you must disclose when a witness.
Answer
You can't be asked about misdemeanors, only felonies.
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