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Can an Expungement of a crime be used to deny employment?

An expungement of a criminal case in Vista Courts and throughout California, prevents an employer from using it in nearly every situation.  Effective this year, 1/1/2014, California Labor Code 432.7 states "no employer shall ask an applicant for employment to disclose" information concerning a case dismissed, diverted, sealed or expunged.  An employer cannot try to find information about those cases and cannot use those cases as a factor for hiring, promotion or termination.  An employer can ask about cases an applicant has pending.  There are some exceptions for use of expunged offenses for government agencies employing peace officers.

This new law makes an expungement more valuable than ever before.  Not only does it prohibit asking about such offenses in wrtten or oral applications, but also prohibits seeking the information through other sources since it cannot be used against the applicant.  There are fines and penalties also in the law for not following the law as outlined in California Labor Code 432.7.  Everyone should be familiar with this section of the law to really understand the incredible value of the expungement.  Most felonies can be expunged as long as there was not a prison commitment, and many can be made misdemeanors after probation is terminated and expunged.

Experienced Criminal Defense attorneys like Nicholas and William Christoph of Christoph Law Offices know how to best help you clean up your record.  Call 760-941-5720 for a free consultation.  We have been across from Vista Courts for over 32 years, have over 40 years of combined criminal experience.  We provcide the highesat level of personal and profession representation and can help you clean up your record now.

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