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Can An Employer Deny My Employment For A Criminal Conviction?

The law  states an employer cannot ask about a referral to or participation in any diversion program. An employer is also not supposed to look for any record of arrest (from any source) that did not end in a criminal conviction. If this information comes to the employer’s attention anyway, the employer cannot use that record as a factor in hiring, promoting, or terminating that person.


But this same code section says that the employer may ask an employee or someone applying for a job about an arrest for which he or she is out on bail or released on his or her own recognizance pending trial. A conviction, for purposes of this code section, includes pleas, verdicts, or findings of guilt.


Employers possess a vast amount of power when it comes to determining who they hire at their company/business. Although there are laws, such as California Labor Code 432.7 says that an employer cannot ask someone applying for a job for information about an arrest or detention that did not end in a criminal conviction, employers still have access to your criminal history if they run a background check on you.

Employers are supposed to follow the law when it comes to hiring, but sometimes fall short of that goal. Thus, record clearing is a way to avoid the shameful situation of not obtaining a job. Record clearing prevents you from worrying that a criminal conviction or arrest will show up on your background check, giving you the peace of mind necessary to find a job.


If you do not want to get turned down from a potentially great job/career, its important to look into record clearing options as soon as possible. A post-conviction attorney can provide you with information and options to help clear your record.