• Jeffrey Curtiss

No Conviction, No Disclosure

Did you know that under California law your employer cannot terminate or otherwise penalize you on the basis of an arrest that did not result in a conviction? Similarly, under California law a prospective employer cannot ask you to disclose an arrest that did not result in a conviction. See Labor Code section 432.7.Of course, exceptions apply, such as those for police officers, health care workers and conflicts with federal statutes. The logic behind the law has to do with the presumption of innocence: "The mere fact that a man has been arrested has very little, if any, probative value in showing that he has engaged in any misconduct. An arrest shows nothing more than that someone probably suspected the person apprehended of an offense." Quoting Schware v. Board of Bar Examiners of New Mexico, 353 U.S. 232, 241 (U.S. May 6, 1957). Remedies for a violation of Labor Code section 432.7 include actual damages, court costs and attorney's fees and, in the event of an intentional violation, triple damages.

Jeffrey M. Curtiss

Attorney At Law

390 Bridge Parkway, Suite 220

Redwood City, CA 94065

(650) 739-0200

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©2016 by Jeffrey M Curtiss.