Background Check

[hhson]

What is the name of your state? California

Can a non-government employer be able to check any past criminal records of an employee if it was expunged under P.C. 1203.4? What are the legal rights for an employee when asked the question “have you ever been convicted of a misdemeanor?” Thank you.

 

[Beth3]

Can a non-government employer be able to check any past criminal records of an employee if it was expunged under P.C. 1203.4? Yes, but here's why. Even though the courthouse has sealed the record, there are still other "trails" that exist regarding the crime. Such as a record of the arrest.

What are the legal rights for an employee when asked the question “have you ever been convicted of a misdemeanor?” You have the right to answer truthfully.

 

[Gadfly]

If you leave it blank that sends up red flags. Kiss your chances of getting the job good bye.

If you lie and you get past the initial interview then they do a bc they'll find out about your past and that you lied about it, kiss your chances of getting the job good bye.

 

[bedrock]

Not so fast

I know this question is about CA, but in NJ if you've had your records expunged and the job does not pertain to teaching, law enforcement, working with firearms or working with kids ect... You can legally answer no if its just a regular type of job.
I would look up the laws on the internet before answering that question.

 

[mlane58]

I know this question is about CA, but in NJ if you've had your records expunged and the job does not pertain to teaching, law enforcement, working with firearms or working with kids ect... You can legally answer no if its just a regular type of job.
I would look up the laws on the internet before answering that question.

Would you care to site that staute?

 

[Betty]

OP - you need to answer the question on the application truthfully & admit to the misdemeanor unless the application says to omit any offenses that have been expunged, sealed, or destroyed. (some applications do) If you lie & the employer finds out, you can be denied employment.