If you were convicted of a crime but got your conviction expunged, it should not show up during an employment background check. But often it does. Companies that prepare background reports for employers often include these expunged records even though they should not. The result? You lose out on a job because of a criminal record that your potential employer should have never found out about.
Can an employer rely on your expunged record when deciding whether to hire you? California law gives you the right to clear your record. Under certain circumstances you may ask the court to dismiss criminal charges. The court may even reduce felony charges to misdemeanors before dismissing them. This process is commonly referred to as expungement. Once a criminal charge is dismissed it cannot be used by employers to make hiring decisions. Bottom line: If you got an expungement, a potential employer is not allowed to deny you a job based on a prior criminal charge.
Has your expunged record shown up in your background report? Expunged convictions should not show up in employment background reports. But they often do. What’s worse, background check companies often fail to inform potential employers that the conviction was expunged, so employers may believe you have a criminal record and deny you a job on that basis.
What can you do about it? California law forbids background check companies from reporting expunged convictions to employers and prevents employers from relying on them when making hiring decisions. If an expunged conviction shows up in your employment background check, you may be entitled to compensation.
To find out if you have a claim, call 310-277-9945 for a free consultation or fill out the form below.
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We Are An Experienced Law Firm With 7 Figure Recoveries
We Focus On Consumer & Employment Law To Protect You