Will a suspended imposition of sentence show up on an employment background check if probation has been completed?

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Will a suspended imposition of sentence show up on an employment background check if probation has been completed?

Asked on March 17, 2012 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A Suspended Imposition of Sentence (SIS) is considered an open/pending case by the courts. In other words, it's on the record as long as you're on probation. Once you've completed your period of probation), it is considered closed. In other words, you're done checking in with your probation officer, and there are no more conditions of probation. So the average employer won't necessarily have access.

An SIS is not considered a criminal conviction, and you don't have to agree to disclose all records, even if employers ask.  Some employers may ask questions such as "Have you ever been on probation?" They might also ask a follow-up question about the case being closed. While some might choose not to disclose, dishonesty could lead to a loss of employment later on.

Legal advice would dictate if you subsequently complete your probation resulting in the dismissal of your conviction, the matter that you are writing about should no longer appear on your background check. If you're applying for a job in a sensitive industry (whether that be government, child care, etc.), employers may be put off by a failure to agree to disclose. Some may also require it to get in the door. 

One thing to consider is whether your potential employer is requesting fingerprints. A criminal record doesn't necessarily take you out of the running. You may be able to request only open records on your criminal history be disclosed.

If you're applying with an "entitled entity" employer, they can gain access to both open and closed records. Examples of "entitled entity" employers include daycares, state facilities and organizations, and nursing homes.


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