Can an employer ask me to provide criminal records for a no conviction misdemeanor from 4 years ago ?

I have a contiguous offer from a employer based on a completion of a fingerprinting background check? My finger printing results came back with 2 arrests, 1 from 15 years ago that was dismissed and 1 from 3 years ago with no conviction. Is it legal for them to ask me for supporting documents such as providing my own criminal report, court documents involving the case and disposition? I have provided a explanation letter but they want official documents of a disposition that can only be found in a criminal report. The company is a FDIC insured private bank. Non of the arrests have to to with breach of trust, bank fraud or dishonesty guidelines as listed on the FDIC website.

Asked on June 21, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is legal for them to ask this of you. Remember: employment is employment at will--there is no right to a job. Rather, employers freely decide who to hire and who to not hire, and are allowed to refuse to hire someone for any reason not specifically made illegal discrimination by the law--and there is no law preventing an employer from refusing to hire someone due to concerns about a criminal background or background check results (i.e. this is not illegal discrimination). Thus, they could refuse to hire you at all; or they could legally make hiring contingent on your providing the documentation they want. If you don't want to provide the documentation they request, you can refuse to do so and seek employment elsewhere instead.

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