Checking criminal records demonstrates Due Diligence and is also an important preventative measure to protect against workplace violence. However, there are a number of limitations under California and Federal law concerning what an employer may legally ask about or discover concerning an applicant's or employee's criminal records. In fact, it can be a misdemeanor in California for an employer to knowingly violate some of these rules. An employer may NOT ask about arrests or detentions that did not result in a conviction. ESR generally recommends the following language for California employers based upon language recommended in Human Resources publications.
Many employers make the mistake of only asking about felonies .
That can leave an employer vulnerable because there are many misdemeanor offenses that are very serious and an employer needs to know about in order to exercise due diligence. That is also not a good practice, because it leaves the applicant in the position to decide for themselves what is serious misdemeanor. However, if an applicant fails to disclose a misdemeanor, they can take the position that they were under the impression that their previous offense was not serious, and therefor their answer was honest. This company will not deny employment to any applicant solely because the person has been convicted of a crime. The company however, may consider the nature, date and circumstances of the offense as well as whether the offense is relevant to the duties of the position applied for.