criminal record/government job/background check

[unemployed43]

What is the name of your state? California

I'm currently applying for a job as an airport screener with the Transportation Security Administration(TSA). Goverment job. I was offered employment but first I have to pass background check. I have a problem with my criminal record.

I was arrested and charged with felony possesion 4 years ago. The case was dismissed after I completed the PC1000 drug diversion (deferred entry of judgment) program.

I was also arrested for grand theft 2 years ago. The case was dismissed after I completed community service.

TSA has inquired about my record, but I think that the questions they are asking are not legal, at least not in California. They asked:

1)Have you ever been charged or convicted for a felony/drug related crime?
2)If not, have you ever been arrested, imprissoned, convicted for any other crimes?

How can they ask "ever been arrested/charged" !?!? The cases were dismissed! Isn't there a law in California that protects me from having to reveal being arrested/charged if the cases were dismissed?

please help. thanks in advance

 

[RobertMiller]

Government Job & Background Check

Thank you for your posting, and the opportunity to serve you further.

Both the questions you mentioned are legal in California. Although not completely on point, you should review the text of Penal Code section 1203.4 and Penal Code section 1000, the first of which indicates that a dismissal does not apply to government agencies, as follows:

"The order [of dismissal] shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery."

There is nothing illegal about asking questions about arrests, or expunged or dismissed cases, and in fact this is normal with both federal and state employment.

I hope that this information helps, and I wish you the best of luck. Feel free to email if you have any further questions.

Robert Miller, Esq.