Legal Question in Civil Rights Law in California

Application criminal background

I am in California......

Does and employer have the right to ask for any lifetime criminal history? Is there a reasonable cut off date? (10years) etc...

Is there a law specialty for this area of applications and other legal documents?

If there is a cut-off point and a person is discriminated against can a lawsuit be brought?

Can a person be fired if they refuse to share a non-victum crime of over 18 yrs.....?

Do we have any civil rights when it comes to applications?


Asked on 2/14/07, 10:43 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Application criminal background

An employer is entitled to ask, but not entitled to discriminate because of convictions. You are obligated to tell the truth. Getting caught lying is grounds for immediate termination, or not hiring. Proving discrimination would be difficult if they are smart enough not to say anything directly.

Read more
Answered on 2/20/07, 2:11 pm
Terry A. Nelson Nelson & Lawless

Re: Application criminal background

Part 2:

You may be able to 'expunge' the conviction and have it dismissed on your record, IF the conviction did not result in prison time, or an order to prison, and if you completed all terms of probation. Feel free to contact me if interested in doing so. It requires a petition and motion to the court.

Read more
Answered on 2/20/07, 2:13 pm


Related Questions & Answers

More Civil Rights Law questions and answers in California