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

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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).

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 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