Legal Question in Employment Law in California

I just got a job offer. They are waiting on my backround results so I can start. I was arrested 2 months ago on a felony. Will this show up in my backround check? And if it does can they deny employment because of it?


Asked on 9/29/12, 1:39 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Most employers, but not all, cannot deny employed based on an arrest that does not result in a conviction. This does not apply to jobs that require a special license or security clearance.

Read more
Answered on 9/29/12, 1:47 pm
Terry A. Nelson Nelson & Lawless

Yes it will show on your 'permanent' record. While Mr. Kirschbaum is technically correct, no employer is going to be so stupid as to admit they rejected you for this reason. Many will reject you and you would never be able to prove why. With a pending offer, you are probably less likely to lose this offer. because they would have to tell you 'something' to justify the change. .

Read more
Answered on 9/29/12, 3:05 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California