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Job Search With a Pending Criminal Charge

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  • 10-25-2007, 11:38 AM
    Lluison
    Job Search With a Pending Criminal Charge
    I currently have a pending misdemeanor battery charged on me. My court date is in Jan 2008. I've retained an attorney who has reviewed my case and is confident he can get it dismissed before the court date. I was involved in an altercation at a party. We got pulled off each other, I walked away, no arrest and police never came. She apparently pressed charges the next day. I live in CA and I'm currently on the job market as executive assistant. I have a clean record until this. I'm absolutely ashamed and take full responsibility for my action. I've signed up for anger management as advised my my atty. I'm sick to my stomach about the background checks, I've purchased 3 and the pending charges don't show up. Should I wait until this legal matter clears to look for a job? My atty plans to go to court in mid-Nov along with my certification of completion for 10 weeks of anger mgmt.

    I read that in CA, pre-employment screening companies cannot disclose information on arrests and proceedings that did not result in conviction. So if my case is dismissed, can I resume my jobhunt with peace of mind?

    I have definitely learned from this and know I will never ever put myself in this situation again. But I will need to find a job by January or I will lose my house. I'm a single mom. :(

    Please advise.
  • 10-25-2007, 11:48 AM
    Zipper775
    Re: Job search with pending criminal charge
    I would proceed with your job search with peace. This isn't a conviction.
  • 10-26-2007, 07:42 PM
    Betty3
    Re: Job Search With a Pending Criminal Charge
    Ca. law on employers asking about arrests & convictions:
    Ca. -- Employers may not ask applicants to disclose info about arrests that didn't result in a conviction or info concerning a referral to & participation in a pretrial or posttrial diversion program. They're also prohibited from seeking or utilizing arrest records that didn't result in conviction as a factor in determining conditions of employment such as hiring, promotion, or termination. Nor can employers inquire into any marijuana related convictions more than 2 yrs. after the date of the conviction. Those provisions don't prevent employers from asking about arrests for which an employee or applicant is out on bail or on his own recognizance pending trial. Persons seeking jobs as peace officers, physicians, & with law enforcement agencies with access to criminal offender record info, or positions with the Div. of Law Enforcement of the Ca. Dept. of Justice aren't protected by the provisions. There are also exceptions for certain health facilities. Banks & credit unions may deliver fingerprints taken of applicants to local, state, or fed. law enforcement agencies to find out if an applicant has ever been convicted of a crime or is out on bail pending trial. The Ca. Dept. of Justice must & a local law enforcement agcy. may, give the bank or credit union a summary of the criminal hx info for the applicant when a written request is made. No requests can be submitted w/o the applicant's written consent. It's a misdemeanor to require employees to obtain a copy of their criminal record or a notification that such a record exists. There is no restriction on asking applicants about convictions on the application.
  • 11-05-2007, 10:50 PM
    Lluison
    Re: Job Search With a Pending Criminal Charge
    Background check cleared and I GOT THE JOB!!!:D
  • 11-06-2007, 01:50 AM
    cbg
    Re: Job Search With a Pending Criminal Charge
    Congratulations!
  • 11-06-2007, 03:22 PM
    Betty3
    Re: Job Search With a Pending Criminal Charge
    Ditto - congrats.
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