Legal Question in Employment Law in California

falcify information on employment application (prior conviction)

I was told that based on a background check, I was being suspended from work for falcification of information on my employment application. The check revealed a case from 2003, in which I participated and completed a diversion program and per a letter from the county, the case was dismissed. Further, the letter states that in response to the question, ''have I ever been arrested,'' I can reply that I have never been arrested unless applying for a peace officer position.

I am unaware that any counts in this case were not dismissed, however, the company that suspended me asserts that one count in this case has not been suspended and I was convicted of a misdemeanor. The charge was a no license violation. (Currently, my driver's license is valid.)

I was told to provide proof that this count was dismissed. Also, I have been working for this company for over a month. (The background check information was dated 8/24/2006.)

If I am told that the case is dismissed, then I was never convicted of a felony OR a misdemeanor. (In fact, the report shows that the felony charges were dismissed.) I do not believe I falcified information based on that fact. Should I expect that I will be terminated anyway?


Asked on 9/30/06, 7:13 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: falcify information on employment application (prior conviction)

California law makes it unlawful for an employer to terminate an employee who had a criminal case dismissed after completion of a diversion program (Cal. Labor Code, section 432.7). If you lose your job over this, contact an experienced employmemt law attorney in your area.

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Answered on 10/05/06, 4:40 pm
Terry A. Nelson Nelson & Lawless

Re: falcify information on employment application (prior conviction)

If you are actually fired, it would be arguably in violation of the law barring employers from using a case dismissed under 'diversion' rules. If so, feel free to contact me to discuss.

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Answered on 10/05/06, 6:13 pm


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