Legal Question in Criminal Law in California
Fingerprint Check
Will an arrest appear in a fingerprint background check if no charges were filed and the DA refused to pursue the case?
Asked on 6/18/08, 9:29 pm
2 Answers from Attorneys
stephanie sauter
Wilshire-Metro WorkSource
Re: Fingerprint Check
Yes. However, California law prevents employers from inquiring about or seeking information about an arrest that did not lead to conviction. There are some exceptions depending on the kind of job you are applying for. For instance, if you have a drug arrest, an employer can inquire if you are going to have access to drugs in a healthcare position. Arrests remain on your official rap sheet, but employers (in most cases) cannot consider them.
Answered on 6/19/08, 12:28 pm
Terry A. Nelson
Nelson & Lawless
Re: Fingerprint Check
Yes, it will show an arrest. But most employment applications can only ask about convictions.
Answered on 6/19/08, 2:13 pm
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