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Can Employers Check Your Criminal Record With the DOJ

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  • 12-30-2014, 06:19 PM
    maryshopper
    Can Employers Check Your Criminal Record With the DOJ
    My question involves labor and employment law for the state of: Calif.
    I had a misdemeanor dismissed last year. When I apply for jobs, do most companies check the DOJ and if so what will it show?
  • 12-30-2014, 06:56 PM
    cdwjava
    Re: Can Employers Check Your Criminal Record With the DOJ
    Quote:

    Quoting maryshopper
    View Post
    My question involves labor and employment law for the state of: Calif.
    I had a misdemeanor dismissed last year. When I apply for jobs, do most companies check the DOJ and if so what will it show?

    State criminal offender records in CA are confidential. A few types of positions allow a potential employer to run your fingerprints through CA DOJ to see if there are any disqualifying convictions, sex offenses, restraining orders, etc. In general, private employers cannot inquire to DOJ about a person's criminal history. Public court records, however, are available should an employer want to check them.
  • 12-30-2014, 07:17 PM
    adjusterjack
    Re: Can Employers Check Your Criminal Record With the DOJ
    Quote:

    Quoting maryshopper
    View Post
    My question involves labor and employment law for the state of: Calif.
    I had a misdemeanor dismissed last year. When I apply for jobs, do most companies check the DOJ and if so what will it show?

    And there are background check companies that can find that information fairly easily.

    Always answer the application question truthfully.
  • 12-30-2014, 07:21 PM
    jk
    Re: Can Employers Check Your Criminal Record With the DOJ
    Quote:

    Quoting adjusterjack
    View Post
    And there are background check companies that can find that information fairly easily.

    Always answer the application question truthfully.

    answer what honestly? If the charge was dismissed, then it was dismissed. No conviction.
  • 12-30-2014, 08:29 PM
    cdwjava
    Re: Can Employers Check Your Criminal Record With the DOJ
    In CA most employers cannot ask about arrests, only convictions. There is an exemption for peace officer applicants, but, none for firefighters that I am aware of. Though, admittedly, I only do peace officer backgrounds and our fire department contracts out for that service.
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