Legal Question in Employment Law in California

I applied for a large corporation about 6 months ago. The application asked " in the last seven years, have you ever been convicted of a felony?" I said "no" because my conviction for armed robbery was almost 10 years ago.

I then went through about 6 months of interviewing and testing. Out of 1,500 applicants, they chose 50 or so. I was one of their first choices. But the offer was "contingent on passing a background check." Again, the question specifically asked about convictions in the last seven years. I understand also that the law here (California) says that nothing over 7 years can be reported unless it pertains to the type of work--in my case, it doesn't.

One more bit of information: my conviction was about 10 years ago; but my release was 3 1/2 years ago and I got off parole 1 year ago.

My question is:

a) can the background check agency legally report this?

b) can the company I applied for use it against me given that I was honest in answering their specific criteria?


Asked on 7/11/13, 4:40 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

What you 'understand' is wrong. Records are forever, and a background check will show your record ;forever'. Employers are free to chose people on their own criteria, and there is no legal prohibition against denying employment to felons, regardless how old the conviction is. Try to talk to the employer and convince them you are worth hiring.

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Answered on 7/11/13, 8:21 pm


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