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Archive for December, 2009

How Do Criminal Histories Impact Employment Opportunities?

Tuesday, December 29th, 2009

California law allows employers to inquire of potential employees their criminal histories that have resulted in conviction, or of pending charges for which a potential employee is out on bail or his own recognizance pending trial.

Inquires about arrests and detentions, that did not result in conviction, are prohibited, including convictions for certain marijuana related offenses more than two years old, inquiries about convictions that have been expunged, sealed, or eradicated, and inquires about certain misdemeanor convictions for which probation has been completed, or otherwise discharged, and the case dismissed.

Notwithstanding these laws affording employment seekers some protection from the disclosure of improper arrests, I am often contacted by persons complaining about lost employment opportunities because an employer has become aware of an otherwise, not subject not to disclosure, arrest that was dismissed or for which they successfully completed a diversion program, or for which they obtained an expungement after successfully completing probation.

While the law provides damages for an arrest background inquiry that results in actual damages, or a nominal recovery for such a violation, the costs involved in pursuing same may be prohibitive.

The problem with arrest histories is that they are publicly accessible and often times end up in court files that are also publicly accessible, notwithstanding the ultimate outcome in any particular case.  This information will get picked up in even the simplest of background checks.

The only meaningful way to protect oneself from the potentially catastrophic lifelong untoward consequences of an arrest is to vigorously defend oneself from the outset.

If you or a loved one has been arrested, protect yourself to the fullest extent possible, contact San Jose Criminal Defense Attorney Bernard P. Bray and learn your options.  It can make all the difference in the outcome of your case.

Call Now: (408) 292-9700

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