Did you know that employers cannot ask a potential hire or existing employee about an arrest or detention that did not end in a conviction?
According to California Labor Code section 432.7, An employer cannot ask someone applying for a job for information about an arrest or detention that did not end in a conviction. Also, an employer cannot ask about a referral to or participation in any diversion program. * An employer is also not supposed to look for any record of arrest (from any source) that did not end in a conviction. If this information comes to the employer’s attention anyway, the employer cannot use that record as a factor in hiring, promoting, or terminating that person. But this same code section says that the employer may ask an employee or someone applying for a job about an arrest for which he or she is out on bail or released on his or her own recognizance pending trial. A conviction, for purposes of this code section, includes pleas, verdicts, or findings of guilt”
*See CLC 432.7 for narrow exceptions.
Attorney David L. Brown has experience in expunging a variety of criminal records, both felony and misdemeanors. If you need help with clearing your record please call our office today for a free consultation.