Legal Question in Employment Law in California

I am 24 Yeats old and was recently denied work at Safeway in California in their own words "because i had a felony, no matter what it was for the company will not hire felons". I feel this falls under discrimination and would like to know what to do our if it even is. They said no Mayer the qualifications any felony at all they will not hire.

Asked on 9/18/13, 10:56 am

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry
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There is no law that prohibits a company from refusing to hire someone on the basis of their criminal record, even if that record is irrelevant to the job position. I realize that you believe this is unfair, but that is indeed the law in California.

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9/18/13, 10:59 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law
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Unfortunately, if a company doesn't want to hire a felony they have the right to do so.

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9/18/13, 11:00 am
Terry A. Nelson Nelson & Lawless
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What you 'feel' is not the law. Felony conviction frequently is a bar to employment at many employers. It is the foreseeable consequence of your actions and conviction.

However, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending.

If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT ‘clear’, 'remove', ‘erase’ or ‘disappear’ the conviction. Nothing will. ‘Records are forever’. Expungement does change the court record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses with the courts and DMV. Expungement does not restore firearm rights lost because of felony convictions. That record is accessible in background checks.

Expungement will help in obtaining employment. When applying for a job in the PRIVATE sector, in response to any question concerning your prior criminal record, you may ‘legally’ deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. The licensing agency and employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

If you’re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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9/18/13, 7:53 pm

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