Legal Question in Employment Law in California
Disclosure of prior record to potential employers
What is the law for an potential employer to search for prior arrest? How far back can they look? By law does the record need to be disclosed on a job application and how long is the statue of limitations,if any, if this applies.
2 Answers from Attorneys
Re: Disclosure of prior record to potential employers
Employers may not ask, nor are you required to tell them of any arrest or detention that did not result in a conviction of a crime. Nor may they ask, or are you required to tell them if you have ever participated in a diversion program. However, if you have been convicted of a crime, there is no time limit how far they may go back to invesitgate your background.
Re: Disclosure of prior record to potential employers
If the application asks and you lie, they can fire you when they discover the lie. If your record is a misdemeanor, you can hire an attorney to seek 'expungement' of the record so you don't have to disclose to anyone. Many employers are beginning to more thoroughly check backgrounds.
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