Expungement Prohibits Disclosure to Employers for Many

California Record Expungement

Being convicted of a crime often results in post-conviction consequences years after the criminal offense was committed. A common example of this is when prospective job candidates are required to disclose prior convictions, even when they occurred years earlier.

Relief from this predicament is now possible under the “Expungement” laws. Starting January 1, 2014, an employer, whether public or private, is prohibited from asking about or considering an expunged conviction in the determination of whether an applicant will be offered a position. (Cal. Labor Code Section 432.7.) The law has significant teeth. An intentional violation can result in a civil suit with treble damages, as well as, conviction of a misdemeanor. This new law applies to expungements pursuant to Penal Code Sections 1203.4, 1203.4a, 1203.45, Diversion and Deferred Entry of Judgment Programs and Proposition 36.

Of course, there are exceptions. Not every criminal offense is eligible for expungement or similar relief, nor does every employer or position fall under the new Labor Code statute. A careful reading of the applicable law is necessary to see if it applies to any particular situation.