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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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how can a person get a work history exsponge from there record

Customer Question

how can a person get a work history exsponge from there record if the person stole money.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question.

If an individual was convicted of theft, they can apply to the court for a "dismissal" of their previous conviction assuming they comply with the requirements for making such an application. This is the closest thing to an "expungement" under California law. The dismissal would be granted pursuant to Penal code section 1203.4 et seq. See this link for helpful information regarding this dismissal process: http://www.sdcounty.ca.gov/public_defender/expungement.html

Unfortunately, there is typically not much that can be done in regard to actually preventing a former employer from revealing to your prospective employers during a reference check that you had comitted theft. Further, certain protections actually extend to employers in this circumstance that make it more difficult to sue for defamation (the making of a false statement of fact to another party that results in damage to the party spoken of). This means that so long as a past employer is speaking truthfully when he or she reveals that you had stolen from them, there is no legal action that can be taken against them for revealing that fact.

You can always avoid listing this particular employer as a reference, or you can see if they will agree to limit their statements to proespective employers to strictly the dates of your employment.

I sincerely XXXX XXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.

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