Expungement
California Labor Code section 432.7 says that an employer cannot ask someone applying for a job for information about an arrest or detention that did not end in a conviction. Also, an employer cannot ask about a referral to or participation in any diversion program. An employer is also not supposed to look for any record of arrest (from any source) that did not end in a conviction. If this information comes to the employer’s attention anyway, the employer cannot use that record as a factor in hiring, promoting, or terminating that person. But this same code section says that the employer may ask an employee or someone applying for a job about an arrest for which he or she is out on bail or released on his or her own recognizance pending trial. A conviction, for purposes of this code section, includes pleas, verdicts, or findings of guilt.
Because in general people are protected from having to disclose to an employer an arrest if it did not result in a conviction, this guide will focus on cases where someone has actually been convicted and does not fall under the protection of this Labor Code section.
(408) 478-4444
1010 West Taylor Street www.SJDefender.com
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CA
95126
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