Legal Question in Employment Law in California

Live in Californa. Got a new job offer. Contingent upon passing a criminal history check.

It is my understanding that in the state of California, thrid-party investigation services can only disclose criminal history's that are not older than 7 years. Is this true????

I do not have a conviction in California, but I do in Indiana from 2001.

Would they be able to see it and if they can see it can they tell the employer about it?

Thanks


Asked on 9/12/09, 2:29 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

There is no limit to how far back an employer's investigator may search a prospective employee's criminal history. If it is public record, it is discoverable. You could look into having any old convictions removed or sealed. Contact a criminal defense attorney in the jurisdiction where the conviction took place to find out if this is feasible and the cost.

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Answered on 9/12/09, 3:09 pm


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