New York Criminal Record

California Criminal Records

In some states, there are no provisions of law that prevents an employer from using your criminal record and other such documents to base his or her decision in hiring you. This further means that pre-employment background checks are even more greatly emphasized as this is the only means of determining that the person does or does not indeed have a record. Thus, having no record to taint your background is an absolute must for most people if they want to improve their chances of getting hired.
In California, things take a different pattern. Section 432.7 of the California Labor Code states that No employer, , shall ask an applicant for employment to disclose, , information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, , any record of arrest or detention that did not result in conviction, . 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 a bail or on his or her own recognizance pending trial.
In more simple terms, employers in California cannot use the California criminal records of prospective hires as basis for their hiring decisions. The only exception to the rule is when the California criminal records involve an actual conviction. There are cases wherein California criminal records are established even when the suspect has not been convicted of the crime. In this case, employers cannot use these types of California criminal records in accordance with the Labor Code, Section 432.7. Likewise, employer cannot ask any third party entity or private organization to inquire upon the applicants California criminal records and use the information or data taken to base their decisions.
However, as provided by this same code, an employer reserves the right to inquire about a prospective employees arrest which should be included in the California criminal records. Also, the employer may ask about the circumstances of around a pending criminal trial in which the applicant is involved and is, as of the moment, out on bail. Such instances also lead to the establishment of California criminal records although they may or may not result in convictions.
So, in conclusion, unless you have a conviction in your California criminal records, you are safe from any hiring decision that is biased on your California criminal records.

New York Criminal Record News

New York Criminal Record

Go to the new RSS page and renew your subscription.]]>

IMPORTANT: Bing News RSS feed has moved!

The New York State Bar Association is supporting a proposal to change the law that would allow judges to seal the criminal records of some people convicted of misdemeanors and low-level felonies, in an effort to help them recover from missteps ...

NY State Bar Proposes Measure to Seal Criminal Records for Some

ALBANY, N.Y. -- The New York State Bar Association is backing a proposed change in state law that would allow judges to seal the criminal records of some people convicted of misdemeanors and low-level felonies to help them recover from those ...

New York Bar Association backs sealing criminal records

That system, which New York has accused of being riddled with errors, has now made it difficult for homeowners to track property transfers through public records ... could seek criminal charges for financial executives, something liberal ...

New York sues three big banks over foreclosures

BARRINGTON — Nayatt Road resident Dr. Arnold-Peter Weiss, a well-regarded hand surgeon and member of the Brown University medical school faculty, was charged early last month in a New York City criminal court with possession of stolen property ...

Barrington doctor faces New York charges

After reviewing all the evidence, we have concluded that the established facts do not constitute a crime under New York criminal law.” There's no official word yet on when Kelly will return to Fox 5 -- in a statement, he said, "I am grateful to everyone ...

After Rape Charges Are Dropped, New York Post Names Greg Kelly's Accuser

... and New York worked with the Philadelphia Police Fugitive Task Force and the New York Police Department, police said. Aldea's criminal record - which includes 13 arrests - dates back to 2005, when he was arrested for attempted murder ...

Murder suspect tracked down in New York

NEW YORK -- A week after police shot to death an unarmed 18 ... The searches contributed to a record number of misdemeanor marijuana arrests last year. "The public has every reason to question whether this shooting was the product of the NYPD ...

Ramarley Graham, Unarmed Teen, Illegally Killed By New York Police, Lawyer Says

In May 2010, a civil racketeering lawsuit was filed accusing a group of people associated with a New York investment firm of stealing ... was evidence that he had concealed his criminal record, violating his fiduciary obligation to investors.

Fraud Case Challenges Secrecy of Man’s Past as Criminal and Cooperating Witness

a former police reporter in New York and vice president of Criminal Justice Journalists, an association of reporters. The NYPD policy is far more restrictive than that of other police forces operating under the same state public-records statutes ...

Criminal Records Search