Legal Question in Employment Law in California

I was recently hired for a software QA job by a consulting firm in Az to working Minnesota. A criminal background check shows a year old misdemeanor for resisting arrest. You know obstruction/resisting/interfering with a peace officer. I explained this on the application. Based on this the offer was reascended. I am wondering what recourse I have in this case. Why should a year old non-violent non-theft misdemeanor for which there is nothing pending bar me from employment. I will write to the company and ask this very question.

Additionally, I was to subcontracted to a major company IBM. My sense is that the company that was doing the hiring CDI is telling IBM thAt i am not fit for employment using the words that adverse information was returned from a criminal background check.

what I want is to be hired. And o have CDI stop telling people that adverse information was returned from a criminal background check. The phrase "adverse information" is ambiguous and in my case makes things sound worse than they really are. I.e, in the absence of any other explanation "adverse information might be interpreted as a string of felonies.

Asked on 7/04/13, 7:44 pm

2 Answers from Attorneys

John Laurie Gertz and Laurie

You say you were hired. Did you accept the offer. Was the offer contingent on a background check? was the offer in writing? If you wish you may call my office at 818 345-0123 for a consultation. I need more facts to be able to advise you of your options.

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Answered on 7/04/13, 9:36 pm

Terry A. Nelson Nelson & Lawless

Employers are free to chose who they hire, and on what basis.

You get to look for another job.

However, for the future, some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 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. 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], for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. 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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Answered on 7/07/13, 1:38 am

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