California Labor Code section 432.7 provides that employers could not ask those who apply for a job to provide information regarding a criminal arrest or a mere detention which did not result in criminal conviction. So, this rule applies to cases that are not open.
Further, employers may not inquire whether the applicant was ordered by the court to participate in a drug or other diversion program. It is illegal for employer to look into or consider for the purpose of hiring a new employee any evidence of an arrest which did not end in criminal conviction.
Employers may not use indirect methods to find out an old criminal arrest of an applicant and may not consider information provided to them by other sources regarding an arrest which did not end in conviction. Employers, however, do have the right to inquire from an applicant about a “pending” criminal matter and ask why he or she is on bail or is going to court regarding an open criminal matter.
Note that this is different from when an employer asks an applicant about an old or closed matter which did not end in conviction. So, if you have been recently arrested and you are about to go to court or you are going to criminal court, employers could ask you about the arrest and consider that in whether they want to hire you.
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Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.
