Legal Question in Criminal Law in California

what recourse is available if a felony conviction that was fully expunged under section 1203b shows up on an employer background search? When asked on the employment application if ever convicted of a felony, I checked no, but then the conviction still showed up upon completion of the background check.


Asked on 7/23/09, 8:09 pm

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

You were right to say no on the employment application. Get a copy of the "background check" and dispute the information with the credit reporting agency, and if you didn't get the job, consider suing them for defamation if they did not also report that the arrest and conviction were expunged.

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Answered on 7/23/09, 8:39 pm


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