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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?

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