Legal Question in Criminal Law in California

Employment and A criminal record...

In May of this year, I was arrested and pled guilty to a misdemeanor assault charge. Since then, I have found myself in a situation where I am now unemployed and looking for work. Before any potential employer finds my single criminal act in their background check, how do I address this issue and assure them that it was an isolated incident? Can a potential employer decline to offer employment when I have all the required experience that they are looking for?


Asked on 6/29/03, 5:49 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Employment and A criminal record...

Thank you for your inquiry.

An employer can choose not to hire you for any reason at all, unless that reason is under a protected class or a violation of discrimination laws. This is true even if you're qualified for the position or meet other criteria.

I hope this helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 6/29/03, 7:50 pm
Terry A. Nelson Nelson & Lawless

Re: Employment and A criminal record...

You can seek a court order to expunge the conviction from your record. To do so, you must have no further arrests/convictions, and complete all terms of sentence and probation, and have at least one year from conviction. Contact me if interested in doing so, once qualified.

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Answered on 6/30/03, 1:43 pm


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