Legal Question in Employment Law in California
Incriminating past causing problems finding jobs even after expungement?
I have been seeking work in the social work field for a while now. Recently, I had a job interview where I was hired on the spot and will be starting my first day as soon as I have gone in for a live scan. The problem is that I have 2 misdemeanors in my past which I've expunged, but are still showing up as convictions with ''details'' of each of the charges, even those charges that where dismissed at the time of my arrest. I was live scanned recently when going thru the process of becoming the legal guardian of my half-sister's two year old, so I know what will be seen by my soon-to-be employer. First, once the expungement kicks in, will all of the ''gory details'' remain to be seen by future employers requesting a live scan? Second, Even though both cases will supposedly be changed from a ''conviction'' status to a ''dismissed'' status, does the company have the right to deny me employment on the basis of my past? I will be working with children and have no convictions or history of child abuse of any kind. However, the DOJ and FBI search that this company will do will dig up these two drug-related arrests (which look on paper far worse than was actually the case). I will be paying $65 for the live scan....what should I do?
2 Answers from Attorneys
Re: Incriminating past causing problems finding jobs even after expungement?
what should I do?
Disclose the truth and convince the employer you have been 'clean' since the convictions. Expungement does NOT seal records, nor does it prevent viewing of the records. Sealing may help with private employers, but not with govt agencies, govt licenses, security clearances, etc. Disclosure is forever required for them, regarless of expungement or sealing. If you want to seal, contact me for help.
Re: Incriminating past causing problems finding jobs even after expungement?
Even though employers cannot ask prospective employees if they've ever been arrested (they can ask about convictions), if they find our about the arrests they can deny employment, as employment is an "at-will" relationship.
However, there is a procedure where you can ask a court to seal the fact of the arrest and all other details relating to it. A criminal defense law attorney should be able to assist with this.
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