Is being arrested enough to be denied a job because of a background check? 3 Answers as of March 10, 2011

I recently did a live scan background check for my city to become a basketball coach. I was denied because they said I failed to admit my record. The question on the form was any convictions. I have never had a conviction. In 1994 I had a lewd conduct that was dismissed. The lady for the city said I lied on application and the dismissal did not matter. They checked the penal code and decided what I was arrested for was enough to deny me. Can they do that? Am I guilty even though the courts dismissed the case?

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Donna M. Ballman, P.A.
Donna M. Ballman, P.A. | Donna Ballman
Unless people of a different race, age, sex, national origin, etc. were employed with similar arrests in their background, you're probably out of luck. In Florida an employer may deny employment at will unless it's an illegal reason like discrimination.
Answer Applies to: Florida
Replied: 3/10/2011
David B. Sacks, P.A.
David B. Sacks, P.A. | David Sacks
Yes. Unless you can show that others who are a different age, race, gender, religion, nationality, disability, HIV or marital status, have been hired with the same criminal background as you.
Answer Applies to: Florida
Replied: 3/10/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Marcelo Dieguez
The issue on this case will greatly turn on what you did/did not disclose and your application. Additionally, since it appears that the employer was going to be a public agency and you were going to be around children, the response may change. However, generally speaking, in California the law is as follows:

Except as otherwise provided by law (e.g., 12 U.S.C. 1829; Labor Code Section 432.7), it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning: (A) Any arrest or detention which did not result in conviction; (

B) Any conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated (e.g., juvenile offense records sealed pursuant to Welfare and Institutions Code Section 389 and Penal Code Sections 851.7 or 1203.45); any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code Section 1203.4; or

(C) Any arrest for which a pretrial diversion program has been successfully completed pursuant to Penal Code Sections 1000.5 and 1001.5.
Answer Applies to: California
Replied: 1/20/2011
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