Can an employer disqualify my hire because I answered “no” as to whether I’ve been convicted of a misdemeanor or felony other than minor traffic violations, if I have?

I am hired for a job. I have been convicted of misdemeanor traffic violation. I didn’t know it was a misdemeanor until I looked up the penal code. I just have a fine. However, I purchased my criminal history and there are not any convictions on there. I was arrested for domestic violence. I’ve never been to jail in my life. I was bailed out. However, no charges was filed. When I purchased my criminal background check, it just states the day, time, and location of arrest. Can I obtain a certificate of release from the local police department and hav

Asked on September 4, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your hiring can be disqualified for any reason unless you had a signed written employment contract guarantying your job or limiting the reasons you could be terminated. That includes for having a misdemeanor as well as for incorrectly answering a question about it. d on what you write, your employer could disqualify your hiring if you have a criminal conviction or mistate your conviction status, an employer is entitled to not hire you or to fire you if already hired.


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