
Quoting
JMH
Well also I found this when I did some digging:
Section 7287.4. Employee Selection.
(1) Criminal Records. Except as otherwise provided by law (e.g., 12 U.S.C. 1829; Labor Code Section 432.7), it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning:
(A) Any arrest or detention which did not result in conviction;
(B) Any conviction for which the record has been judicially ordered sealed, expunged, or
statutorily eradicated (e.g., juvenile offense records sealed pursuant to Welfare and Institutions Code Section 389 and Penal Code Sections 851.7 or 1203.45); any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code Section 1203.4; or
(C) Any arrest for which a pretrial diversion program has been successfully completed pursuant to Penal Code Sections 1000.5 and 1001.5.
Legally speaking, an employer cannot ask about a misdemeanor conviction where I have completed probation. In addition, the term "judicially dissmissed" keeps coming up and I do not know what that means.
In addition, I know that they can't dimiss records, but they are filing for the dismissal and going to court on my behalf. I would do it myself, but I would have to go to court an hour away and I am unable to take off any time from work.