Legal Question in Criminal Law in California

I recently received a stay of proceedings in a misdemeanor assault 4 case. The stipulations state that in 2 years as long as I have no contact w/ this individual and have no further criminal issues the case will be dismissed w/ prejudice. The problem I am having however is that I am attempting to find employment and this is causing me a lot of problems...

I spoke w/ a woman at a courthouse who told me that enough of it will most likely show up on my background check (I am still in the process of obtaining) that a potential employer will be able to extrapolate. I have been forth coming thus far w/ this information to potential employers but it is getting me treated like a leper! Do I really have to disclose this matter since I technically wasn't convicted? (granted I know depends on the wording on the application... convicted, ever changed, ect.) I am just having a rather difficult time and any advice would be appreciated. Thank you kindly.


Asked on 12/10/10, 11:03 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Do not get your legal advice from women at courthouses. You weren't convicted of a crime and you would be using poor judgment if you volunteered this information to a prospective employer.

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Answered on 12/15/10, 1:38 pm
Lawrence Wolf Law Offices of Lawrence Wolf

You must have had a lawyer, speak to them or give us a call to discuss

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Answered on 12/15/10, 4:28 pm
Anthony Roach Law Office of Anthony A. Roach

If you haven't been convicted, your response an an application to a question as to whether you have been convicted is "no."

Except for a few limited exceptions, an employer in California is not permitted to ask job applicants to disclos information concerning an arrest or detention not resulting in conviction, or information reltaing to a referral to or participation in a criminal diversion program. The employer may not also seek the same information from any other source, or use it as a factor in decisions relating to hiring. An employer however, may ask the employee or applicant about any arrest for which the applicant is out on bail or on his or her own recognizance, pending trial. (Lab. Code, sect. 432.7)

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Answered on 1/06/11, 5:43 pm


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