Can a supervisor tell other employees about my criminal record?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a supervisor tell other employees about my criminal record?

About 4 years ago, I was arrested and charged with a felony. My employer at the time ended up terminating me since I was in jail and could not go to work. I have since then been working at a new job for 3 years with no problems and no trouble with the law. When I applied for my current job, I emailed them my resume. I did not have to fill out an application or answer any questions about having a felony nor did I have to go through a background check. Now, my old supervisor from the job I worked at during

the time of my arrest just got hired and is soon to start working at my current job. I am worried that is going to tell people about my past. Do I have any rights to protect myself in regards to this?

Asked on February 17, 2017 under Employment Labor Law, California

Answers:

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

Answered 7 years ago | Contributor

A criminal conviction is a matter of public record (unless expunged or sealed). Accordingly, you have no rights to privacy concerning this matter; a former supervisor is under no legal obligation to keep this information secret. If they divulge your criminal history record you have no recourse since they will be disclosing a true and public matter.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, unfortunately you cannot stop him from doing this. A criminal record, unless sealed or expunged, is public knowledge; anyone can disclose any true public knowledge he or she knows to anyone else, even if it reflects badly on a person or hurts them in regards to employment, educational opportunities, relationships, etc.


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 lock Secured with SHA-256 Encryption