Legal Question in Business Law in California

back round check termination from company

I was hired and working for two weeks. They had me fill out an application for thier files. I did not disclose my felony record because it had been more than 7 years and I was informed that you did not have to declair after 7 years. Because i did not put it down I was terminated. I had quit a two year job to take this job and am now unemployed with a family to support.


Asked on 6/28/04, 1:43 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: back round check termination from company

You were misinformed about the status of old felony convictions. Some types of negative credit history expire after seven years, but there is a big difference between your credit history and your criminal record. Felony convictions remain on your record permanently unless they are overturned by subsequent proceedings or affirmatively removed, which can only happen in unusual circumstances (i.e., you receive a pardon or you are able to prove you were wrongfully convicted).

Some minor felonies can be reduced to misdemeanors and then expunged, but your question doesn't say what you were convicted of so I can't say whether this option is available to you.

An employer may fire an employee who lied to them about his background. I presume that the form asked you if you had ever been convicted of a felony, which is not the same thing as asking if you have been convicted of one within the past seven years. Answering such a question falsely is ample ground for dismissal.

The fact that you misunderstood the status of your conviction is not your employer's fault, so unless there are some unusual facts you haven't mentioned you have no remedy against the company -- either for dismissing you or for giving up your old job.

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Answered on 6/28/04, 2:17 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: back round check termination from company

you should get your record expunged!!!

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Answered on 6/28/04, 7:11 pm
Michael Olden Law Offices of Michael A. Olden

Re: back round check termination from company

So, is there a question there??? The answer is nothing urine that will employee and you fraudulently did not put down a felony conviction. Did I say that felony conviction, not misdemeanor. Yes right, seven years later we can all forget it was a felony conviction. And by the way Mickey Mouse can forget it too.

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Answered on 6/28/04, 7:33 pm


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