Legal Question in Criminal Law in California

Re: Background Check

California is called an "at will" employment state. Which means that if you are working for someone or some type of business you can quit for any reason and they can fire you for almost any reason. It also means under most circumstances an employer can use almost any reason not to hire someone. There are exceptions to that but unless this employer is a government agency they probably do not apply. It sounds as though this is becoming a problem for you and there are some steps you can take to change the way you answer the question on an employment application.

In California you can request an expungement. It is under 1203.4 of the California Penal Code. If you had your record expunged you would be able to answer a question regarding such a record in the negative and the subject would probably never come up. If you know an attorney ask if they do them or if they know any one who does them. If you do not you can call the local bar association and ask for a referral to an attorney that does them. You can also do it yourself, but it is much faster and it generally works out better if you have an attorney assist you with it. They are generally not too expensive. Good luck

Re: Background Check

California is an at will state. While there are exceptions to this rule, there can be issues which would make this more than proper.

If you would like to get this expunged so it is not an issue for most employers, please let me know at your earliest convenience.

Re: Background Check

Yes. Records are forever, and one of the consequences of your past conduct is this negative effect on your employability. However, it may be possible to 'expunge' your conviction through proper motion to the court, so that you can say 'no' on most private employment applications. Feel free to contact me to discuss if you are serious about doing so.