How do I prove I do not have a criminal history?

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How do I prove I do not have a criminal history?

My new company sent me a rescind letter stating I falsified my application by stating a do not have a misdemeanor from anything criminal. I wrote no. I have a DUI and I was told that is a traffic violtaion. Also, it was over 3 years ago and on the application it stated exclude anything over 2 years or if you’re off probabtion. Which both refer to me. So how is this falsified?

Asked on November 2, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It's not falsified:
1) You were misinformed or misunderstood--DUI is a criminal charge, not just a traffic violation; it is treated differently than, say, speeding or driving without a license.
2) Whether or not the application stated to only list offenses within the last 2 years, the DUI will still appear when they do a criminal background check--so they will become aware of it--and they are allowed to not hire you for that reason (criminal charges or history, including DUI, is a legal reason to not hire, not matter how the employer becomes aware of it).


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