Legal Question in Criminal Law in California
I have a felony deferred adj. on my criminal record. I moved to California and an employers background shows my deferred. This was not a convictions, how is this allowed to show up? Does California have a law that employers are not allow to dig deeper into arrest without conviction?
3 Answers from Attorneys
It stays on, even though dismissed.
Look at California Labor Code 432.7.
They aren't supposed to consider arrests only.
Everything that happens in court is part of your record, and stays there forever. There are some rules preventing use of the record in some situations, such as mentioned by Mr. Dane, but how do you propose to know and prove when they are violated if the employer doesn't admit doing so?? No intelligent employer would do so.
In addition, you described a DEJ case, meaning that you entered a guilty plea to some criminal charge, you were convicted but not immediately sentenced, and on your 'show back' date for sentencing the judge retroactively allowed you to withdraw your plea, set aside the conviction, and dismissed the case because you completed your program and probation terms. ALL those things show on your record, forever. This was not an 'arrest only' case. However, in response to any question concerning your prior criminal record, you may �legally� deny that you were convicted of an offense.
Also however, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. The licensing agency and employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.
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