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arrest record and labor code 432.7

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jack sampson

Junior Member
What is the name of your state? CA

I was arrested when i was 19 for petty theft. I was put through a diversion program, and now that I am 22 I am looking for a job in financial services. i was told that they do extensive background checks including fingerprint scans, and my arrest record will come up. i was never found guilty, but if they see the police report thye will assume i was guilty. what should i do? should i write down on my job application that I was arrested, even though I was not convicted or charged. Since I took a diversion program, doesnt that mean i wasnt charged or was i? I am very worried i'll never find work. Please get back to me.

p.s. I am from san diego, california, if that will help you answer my question
 


cbg

I'm a Northern Girl
First of all, the employer NEVER receives the police reports in a background check. They may see the arrest record, but not the police report itself.

Secondly, in most if not all states, an employer may not make an employment decision based on an arrest that did not lead to a conviction. In some states, including my own and I believe yours as well, they may use the information regarding a pending case, but not a simple arrest. Since your case is not pending, they may not make any employment decision based on the fact that you were arrested.

Finally, someone can correct me if I'm wrong but I believe that in your state an employer is not allowed to hold a diversion program against you.

So relax.
 

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