Arrest records and employment

Get Legal Help Today

 Secured with SHA-256 Encryption

Arrest records and employment

Hello,

Tecas employers can legally use arrest
records that did not lead to a
conviction in their hiring decision.

California employers cannot even ask if
you have been arrested, and arrests that
did not lead to a conviction cannot.be
reported.

My.question is, if I apply to a company
in TX, and then a branch of the exact
same company in California, will the
Texas branch be able to use arrest
records and the California branch not be
able to?

Asked on June 1, 2019 under Employment Labor Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

This is an issue of local law. So the TX branch can use the records and the CA branch cannot. Therefore, to which branch you apply for employment will control this issue.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, the TX branch will able to use the arrest records. Other than as per federal law--and this issue is not governed by federal law--labor law, including the use of arrest records is "local": it is governed by the law of the state where the office or branch is located. So the TX branch would follow TX law.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption