Criminal Defense Q&A: Can a Traffic Infraction and Pending Criminal Charges Prevent Me from Getting Hired?
Answer:
In California, even if an employer discovers an expunged conviction through a background check, the employer cannot use the expunged conviction as a reason not to hire you. See Labor Code section 432.7(a)(1). However, this protection applies only if the conviction has been expunged.
In other words, until a conviction is expunged, employers are free to consider it when making hiring decisions.
Continue reading criminal defense attorney Michael J. Ocampo’s answer at Avvo: Can you not hire someone for background results not specific to the job duties of that company?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.