Thanks for the additional information Christian.
I'm quite sorry that you find yourself in this situation. If you were applying for a position with a non-governmental entity, this conviction likley would not have been found.
There is one thing that most folks don't understand about CA expungements. If your petition is granted under Penal Code 1203.4, your case is not actually sealed. And, for many circumstances the charges and the plea and conviction will be able to be located. Any time you are apply for a government job or a job which requires a government-issued license, certificate, or permit, or a job which involves a security clearance, the conviction will be discovered because.
Now, I can not say whether they were aware of the charges and conviction when you previously applied for the positions that you held---and I sense that you are presuming that because you go the job, that they were not found---but that is not necessarily the case. It may be that they intentionally overlooked it in the past---I just don't know for sure.
The botXXXXX XXXXXne though is that it is not unlawful for an employer in the state of CA to discriminate against hiring employer with criminal records if "the crime or act is substantially related to the qualifications, functions and duties of the business or profession for which the application is made."
In order to win a case for wrongful discrimination, you would have to prove that the conviction which was located doesn't substantially relate to the qualifications, functions and duties of the job you were tentatively given.
However, if you wish to approach the situation from that perspective, you might consider filing a formal complaint with the EEOC (Equal Employment Opportunity Commission).
If the employer has 15 or more employees, they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(NNN) NNN-NNNN EEOC website: www.eeoc.gov
Federal law specifically prohibits discrimination, based upon the Ethnicity, Color, Religion, National Origin, Age, Sex or Disability of an individual, with regard to hiring, promotion and firing.
After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180 days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.
Here is an interesting article on the relationship between some background checks and discrimination:
I wish you the best in 2013.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
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