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WHAT CAN EMPLOYERS ASK YOU REGARDING CRIMINAL CONVICTIONS?

Recent legislation in California allows individuals with criminal records the option of not disclosing criminal convictions. The California legislature's intent is to give people a second chance at obtaining jobs and opportunity without a mistake causing a lifetime of missed opportunity.

Job applications include questions inquiring whether you have been convicted of a crime or have a criminal record. For most applicants with records, this typically means that they are immediately out of the running for that job, as a potential employer will disqualify anyone with a record. The good news, however, is that recent legislation has given new hope to many seeking employment.

 “Ban-the-Box”  Legislation Passed!

California Governor Jerry Brown signed legislation known as “ban-the-box” which went into effect on January 1, 2018. This new law bans employers from placing a box on employment applications inquiring applicants if they have ever been convicted of a crime.

In passing this law, the Governor and Legislature has removed one of the most common barriers to gaining employment. Those with criminal records now have the chance to proceed without that dark cloud following them everywhere and become productive contributors to society and most importantly, achieve their personal and family goals. Legislation banning the box in government job applications went into effect in 2013, and the City of Los Angeles passed a ban-the-box law which took effect in 2017.

Background Checks Are Still Allowed

This law does not limit any inquiry, however. The law does not prevent employers from asking potential employees about their criminal convictions. Job applicants, after receiving a job offer, can still be asked by employers about convictions and employers can also do background checks. The employer can still withdraw job offers.

This New Law Gives Everyone a Second Chance

With the passage of this new law, everyone has the opportunity to apply for a job without worry about not being considered due to the box on the application asking about convictions. Common sense dictates that most individuals who have been convicted were involved in a one time mistake or a youthful indiscretion. Its time for our society to recognize that everyone has the right to employment and to pursue the American Dream.

The Law Offices of David Welch prides itself on representing those accused of crimes.

David Welch

First and foremost, Attorney David Welch is an experienced litigator. With over two decades of experience handling hundreds of cases, he prides himself on his zealous representation of his clients. While most cases do not proceed to trial, his record of success enables him fearlessly advocate through negotiations or, if necessary, jury trial. Attorney Welch received his Bachelor's degree from San Diego State University and his Juris Doctor from the Thomas Jefferson School of Law located in San Diego, California. Since 1995, he has developed an extensive background in criminal law as well as in civil litigation. He has handled hundreds of misdemeanor and felony cases ranging from DUI and juvenile matters to domestic violence, white collar crimes, sex crimes and violent crimes. His clients have included professionals such as nurses, doctors, teachers, military personnel in all branches of the US Military. David A. Welch is licensed to practice law in the State of California as well as the United States District Court. He has established a strong presence throughout Southern California Courts. Jurisdictions Admitted to Practice: California State Bar, 1995 American Bar Association, 1995 California Courts (Includes California Superior, Appeals and Supreme Courts), 1995 U.S. District Court, 1996 Professional & Bar Association Memberships State Bar of California DUI Defense Lawyers Association National College of DUI Defense Member Since: 2008 Litigation Percentage 100% of Practice Devoted to Litigation Practice Areas DUI Defense Criminal Defense Manslaughter Hate Crimes Fraud Crimes Sex Crimes Stalking Weapons Charges Juvenile Crimes Misdemeanor and Felony Expungement Certificate of Rehabilitation Governor Pardons

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