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Shoplifting Situation

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buffs94

Member
What is the name of your state? California

I've been interviewing for a job in which I am extremely qualified for. In fact I think I am the perfect candidate. Anyway, I have no criminal history and this company is performing a due dilligence background check. My only concern is a misdemeanor shoplifting citation I received in 1999. This case was dismissed. Although it was dismissed, can I still be denied employment simply because I was charged with shoplifting? Or does California employers only look at convictions?

Please help. Thank you.
 


seniorjudge

Senior Member
buffs94 said:
What is the name of your state? California

I've been interviewing for a job in which I am extremely qualified for. In fact I think I am the perfect candidate. Anyway, I have no criminal history and this company is performing a due dilligence background check. My only concern is a misdemeanor shoplifting citation I received in 1999. This case was dismissed. Although it was dismissed, can I still be denied employment simply because I was charged with shoplifting? Or does California employers only look at convictions?

Please help. Thank you.
They are supposed to only look at convictions. But you must realize that if they run a background check on you with some non-government agency or company, that organization may very well have your arrest in their database.

Disclosure would be a good idea (in my opinion).
 

CO19

Member
buffs94 said:
What is the name of your state? California Although it was dismissed, can I still be denied employment simply because I was charged with shoplifting? Or does California employers only look at convictions?
Please help. Thank you.
California
Cal. Lab. Code § 432.7

Rules for employers:
•Arrest records. May not ask about an arrest that did not lead to conviction; may not ask about pretrial or post-trial diversion program. May ask about arrest if prospective employee is awaiting trial.

•Convictions. May ask about conviction even if no sentence is imposed.
Agency guidelines for pre-employment inquiries: Department of Fair Employment and Housing, "Pre-Employment Inquiry Guidelines" DFEH161.

CRA - Applicant release must have a check box for applicant to obtain a free copy of consumer report. Can't report convictions over 7yrs old, Arrests not resulting in conviction, and Misdemeanor convictions where probation completed/dismissed and minor marijuana charges.
 

cbg

I'm a Northern Girl
I can hear it now. Despite the fact that there might easily have been several other candidates whose background is just as good a fit as yours, if you don't get the job you'll be back here insisting that the only possible reason you were turned down was this charge.
 

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