Legal Question in Employment Law in California

California Labor Code �432.7(a) generally prohibits employers from asking about arrests that did not result in a conviction. However, it specifically authorizes employers to ask "an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial."

If you have actually been charged in a case, you would either be out of custody on bail or your own recognizance, so the employer could ask. If you were not arrested and released, and only think charges might be filed against you, you would not have to disclose it.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like LawGuru, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.