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A.J.
A.J., Employment Lawyer
Category: Employment Law
Satisfied Customers: 4186
Experience:  Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
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my boyfriend has an art. 120 UCMJ Aggravated assault;

Resolved Question:

my boyfriend has an art. 120 UCMJ Aggravated sexual assault; (iv) That the other person was substantially incapable of declining participation in the sexual act; or
We have been living in Nevada for 2 years and it seems like once he passes all the primary stuff every employer tells him no. how can he better explain the situation to get a job? The most recent job he applied for was a casino he had previously worked for HR told him his status was repairable, he had an outstanding resume (their words not mine) and was qualified for the position. Once the hiring director of that depart saw his application he called my boyfriend just to tell him he wasn't interested in giving him an interview.
Submitted: 8 months ago.
Category: Employment Law
Expert:  A.J. replied 8 months ago.

A.J. :

Hello, and thank you for using Just Answer. My name isXXXXX am an employment law professional, and I look forward to answering your question today to the best of my abilities. So that I can accurately answer your question, I need a little bit more information. What state was your boyfriend convicted in?

Customer:

CA

A.J. :

Ok, and he is currently being rejected by employers in Nevada?

Customer:

yes, it seems that way.

A.J. :

Ok, thank you for providing extra information. Unfortunately, there is not much to be done from an employment law prospective in the state of Nevada. Employers have a right to complete, with an individuals consent, a criminal background check that includes both arrest and conviction records, and they are not prohibited from using this information in making a hiring decision. Sometimes, the employer will, on an application, give someone an opportunity to explain the circumstances of the conviction, but ultimately having a conviction show up is lawful grounds for choosing not to hire someone.

A.J. :

Now, one major exception is if your boyfriend is a member of an ethnic or racial minority, and the employer has a policy against hiring anyone with a criminal record. Because statistically more people who are members of an ethnic or racial minority have a criminal record of some kind, a blanket policy against hiring someone with a criminal record could be found to violate Title VII of the Civil Rights Act.

A.J. :

Other than that, however, a criminal conviction is allowed to be used as a factor in determining whether or not to hire someone.

A.J. :

Consequently, people will, if possible, try to have their criminal record sealed or expunged so that it will not appear on a background check. This, however, is a criminal law matter, not an employment one, so you would be best served talking to a criminal law attorney in California about the possibility of having his record expunged if possible.

A.J. :

From an employment law prospective, unfortunately the law is very much stacked against applicants who have a criminal record, particularly felony convictions. I wish I had better news for you, but so long as the conviction is not sealed or expunged, potential employers have the right to consider the conviction in making a hiring determination. Generally, when applying, a person is given an opportunity to explain if they answer "yes" to past criminal convictions, and having a detailed explanation ready to give to an employer may help. However, ultimately many employers, fair or not, do not take the time to read explanations carefully, once they see the conviction, that is all they care about.

A.J. :

In a tough economy, I know how frustrating this can be, and I am sorry that he is struggling to find work. As such, contacting a criminal law attorney in California to discuss whether or not expungement is available to him may be the most prudent course of action. For a referral to a criminal law attorney in California, the state bar association has a referral service at:

A.J. :

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

Customer:

okay thank you

A.J. :

You are very welcome, I wish you the best of luck in resolving this ultimately in your favor, and let me know if you have any additional questions or concerns. Otherwise, please remember to RATE my answer so that I can receive credit for my work.

A.J., Employment Lawyer
Category: Employment Law
Satisfied Customers: 4186
Experience: Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
A.J. and 2 other Employment Law Specialists are ready to help you

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