Expungement Attorney San Diego
Can a potential employer ask you about your criminal history?
The general rule is, Per the California Labor Code §432.7 (see below) a California employer may NOT ask a person applying for employment (including applying for a program that may lead to employment) about:
(a) No employer, whether a public agency or private
Additionally, whether or not you have a “duty to disclose” a past conviction for a felony or misdemeanor crime in California is complicated. There are multiple variables that are involved including but not limited to:
As a general rule, honesty is a good policy. However, some people think that, taking into account the aforementioned Labor Code 432.7, and if the employer’s pre-hire question(s) is/are not specific, it’s better to respond in the negative and become such a stellar valuable employee that once the employer finds out the technical truth, the employer will not think the employees past is that monumental in light of what a great employee the person has become. The other side of that logic is that once an employer finds out you did not practice full-disclosure, you may not be trustworthy.
How Arrest Records Show Up on a Background Check
What Is a Criminal Expungement?
An expungement is the process of going to court to appear before a judge with the purpose of convincing him/her to dismiss the charge(s) against you. Many times someone from the prosecution (City Attorney’s Office or District Attorney’s Office) will show up to contest your request. Expungements can be very beneficial. Once an expungement is granted, in most instances a person can truthfully and legally answer “No” when asked whether or not you have a criminal record. However, an expungement does not completely erase your criminal record in the State of California. The only way to completely put the past behind you is to petition the court to have your criminal records sealed and then subsequently destroyed.
What Types of Convictions Can be Expunged?
SEALING a Criminal History Record
Many people mistakenly believe that the Government destroys their past “arrest” records simply because they were not convicted of a crime
Sealing A Criminal History Record
Many people mistakenly believe that records of past arrests were destroyed because they were not convicted of a crime or because their sentence was deferred. Even if your case was dismissed your record will still show that you were charged with a crime unless you petition the court to have your arrest record sealed with a factual finding of innocence.
Contact An Expungement Lawyer
If you are tired of divulging your criminal record on job applications or any other application contact the Law Offices of Krause & Hirschhorn, P.C., for a free consultation about the expungement process. As career criminal defense attorneys we have been involved in thousands of criminal defense hearings and trials. We can help you seal your criminal record. Contact us at 805-330-1529 or email us to speak with an experienced criminal attorney today.
1660 Hotel Circle North Ste 302