Legal Question in Civil Litigation in California

background check law violation

I have a felony conviction from 10 yrs ago. I had a background check done for a job in CA. The job was offered,

depending on the check. I lost the job due to the conviction. I was under the impression in CA, the time limit is 7 yrs. Do I have recourse, either against the company that did the check or offered the job? If the 7 yr limit was followed, the potential employer would not have known about the conviction.

Thanks for your time.


Asked on 7/21/03, 9:24 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: background check law violation

The seven-year limit is for certain financial problems like bankruptcies and judgments. Felonies remain on your record permanently unless they are affirmatively removed by expungement, pardon, habeas corpus, etc..

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Answered on 7/21/03, 10:11 pm
Judith Deming Deming & Associates

Re: background check law violation

Are you serious? Assuming you are, you are confusing a judgment wherein a party seeks to obtain an award of MONEY and which is almost always brought under CIVIL law, with a CONVICTION which involves a court determination that the convicted person committed a CRIME and is based on CRIMINAL law. A criminal felony conviction lasts your lifetime; further, most employers ask that you voluntarily tell them if you have been convicted, and apparently you did not. Some employers will give a person another chance even if they have such a conviction, assuming they honestly disclose it. Why in the world would you think you would have recourse against either the background checking company or the potential employer? They owed no obligation to you other than to consider your employment under the same standards they apply to other applicants.

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Answered on 7/22/03, 1:12 pm


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