If a company in Idaho is doing a background check on me for employment, do California state laws apply?

In 1993, I was convicted of petty theft in California. I was told that background checks in this state do not show this conviction after 7 years, so I have not disclosed this on any job application in the last 18 years and I have never had a problem. Now, I am applying for a job in Idaho. The application states that I must reveal any conviction or even arrest that I’ve ever had. I am afraid that disclosure will affect my ability to be hired but non-disclosure would also disqualify me if it showed up on the background check. I’m not sure about the law for this background check.

Asked on August 29, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Employment and labor law is local law (except for the Fair Labor Standards Act and certain anti-discrimination laws, none of which apply to this situation). An employer follows the law(s) of its own state in regard to most employment issues, including background checks. An ID employer would therefore follow ID, not CA, law.


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