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  1. #16
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    Quote Originally Posted by quincy View Post
    Some background check companies mine the police databases for arrests and these arrests can show up on the background check reports, just as mug shots can appear on websites. The reports may not include the dispositions of cases - an update of the reports to show arrests did not result in charges of charges did not result in convictions.

    If erroneous information appears on a background report, contact the background check company to have the information removed. The background check companies are governed by the same FDCPA as credit reporting agencies.

    Any true reason is a valid reason for the purposes of filling out the form.
    California law doesn't allow for the employer to even ask about, much less consider, arrests without conviction: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=432.7.&lawCode=LAB

    (a) (1) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. As used in this section, a conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial.


  2. #17
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    Quote Originally Posted by Zigner View Post
    California law doesn't allow for the employer to even ask about, much less consider, arrests without conviction: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=432.7.&lawCode=LAB

    (a) (1) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. As used in this section, a conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial.
    If a background check shows an arrest and does not include the disposition, the arrest may have resulted in a conviction.

    That said, again I understand what you are saying - but I also understand the reasons for having the records cleared of even arrests.


  3. #18
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    Quote Originally Posted by quincy View Post
    If a background check shows an arrest and does not include the disposition, the arrest may have resulted in a conviction.
    ...and the employer is barred from considering that. Of course, not every employer is scrupulous.

    That said, again I understand what you are saying - but I also understand the reasons for having the records cleared of even arrests.
    I can see that too.


  4. #19
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    Quote Originally Posted by Zigner View Post
    ... Of course, not every employer is scrupulous. ...
    It is difficult to prove all that went into a decision by an employer not to hire a particular applicant.

    I agree that some employers are unscrupulous.


  5. #20
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    To be fair, it's illegal for employers to even ask for the information from the background check company. I'm not going to research it more, but something in the back of my mind makes me think that it might not be allowed for the background check company(ies) to provide the information on an employment background check.


  6. #21
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    Quote Originally Posted by Zigner View Post
    To be fair, it's illegal for employers to even ask for the information from the background check company. I'm not going to research it more, but something in the back of my mind makes me think that it might not be allowed for the background check company(ies) to provide the information on an employment background check.
    I haven't checked California but many/most states allow for background checks once an offer of employment has been extended. It is permissible to reject a prospective employee based on a criminal record if the criminal offense is directly related to the position offered (e.g., a bank teller position with theft charge).


  7. #22
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    Quote Originally Posted by quincy View Post
    I haven't checked California but many/most states allow for background checks once an offer of employment has been extended. It is permissible to reject a prospective employee based on a criminal record if the criminal offense is directly related to the position offered (e.g., a bank teller position with theft charge).
    If you look at what I posted, you'll see that it's illegal for the employer to even ask (from any source) about arrests without conviction (unless the person is out on bail.) I believe that background check providers need to keep this restriction in mind and refrain from reporting that information.


  8. #23
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    Quote Originally Posted by Zigner View Post
    If you look at what I posted, you'll see that it's illegal for the employer to even ask (from any source) about arrests without conviction (unless the person is out on bail.) I believe that background check providers need to keep this restriction in mind and refrain from reporting that information.
    Yes. I read what you posted.

    Here is a good look at the laws (set to change on January 1, 2018), published by NOLO: https://www.nolo.com/legal-encyclope...n-records.html


    Last edited by quincy; 12-06-2017 at 01:48 PM.
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