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Sue Employers for Criminal Record Discrimination

At Higbee & Associates we believe that people deserve second chances. If an employer or potential employer has discriminated against you because of your criminal record, we will fight for you.

Have you been denied employment, promotion, or been terminated because of any of the following reasons?

  • a previous arrest that did not result in conviction,
  • participating in pre or post trial diversion,
  • a conviction that was dismissed or sealed.

If so, you may have a legal claim against the employer and may be entitled to a settlement PLUS any lost wages! Give us a call today at (844)856-7956.

How We Can Help

California law changed in 2014 to make it illegal for most California employers to discriminate on the basis of criminal records that were expunged or dismissed. The law provides big financial penalties for employers or background check companies who violate the law.

We have defended several client’s rights under the new law— including getting them more than $20,000 in damages.

If a background check company has provided information to an employer about your expunged record, the chances are that you are entitled to compensation.

If a California employer has discriminated against you based on a record that was expunged, the chances are that you are entitled to compensation.

It is important to note that, generally, the law does not apply when the information about the expunged record appears on an FBI or Department of Justice (LiveScan) report. This means that most schools and government employers are exempt from the law and can discriminate based on the expunged record.

If you believe that a background check company has provided information about your expunged record or an employer has discriminated against you because of your criminal record, please email or call us and let us know. We may be able to get you a substantial recovery.

California Labor Code § 432.7

It is important to understand your rights in California regarding what information an employer can and cannot legally use in determining your eligibility employment. According to California Labor Code § 432.7, employers are prohibited from:

(1) Asking an applicant for employment to disclose information concerning:

  • an arrest or detention that did not result in a conviction;
  • a referral to, and participation in, any pretrial or post trial diversion program;
  • a conviction that has been judicially dismissed, expunged or ordered sealed.

(2) Seeking from any source whatsoever, any record of:

  • an arrest or detention that did not result in conviction;
  • a referral to, and participation in, any pretrial or post trial diversion program;
  • any record concerning a conviction that has been judicially dismissed, expunged or ordered sealed.

(3) Using the following as a factor in determining any condition of employment, including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment:

  • record of arrest or detention that did not result in conviction;
  • record regarding a referral to, and participation in, any pretrial or post trial diversion program;
  • record concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law.

If you believe an employer has violated any of the provisions above, Higbee & Associates is here to help!

Facts About California Labor Code § 432.7


  • This law applies to both public and private employers;
  • This law does not apply to applicants for peace officer, Department of Justice, or other criminal justice positions;
  • Employers may ask applicants about arrests for which the applicant is currently out on bail or on his/her own recognizance pending trial;
  • Employers that are health facilities may ask applicants for positions with regular access to patients to disclose information regarding arrests for sex offenses;
  • Employers that are health facilities may ask applicants for positions with access to drugs and medication to disclose information regarding arrests for controlled substance offenses.

Call us today toll-free at (844)856-7956 for a free consultation!

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