Winters, CA asked in Criminal Law for California

Q: I got a Arson felony back 1997 I just got hire as a chef on a retirement place but I need a live scan finger print.

I need a live scan finger print and urine test do I have chance to keep my job or will the felony show from bak in 1997

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, your 1997 felony arson conviction will likely appear on the Live Scan fingerprint background check, as these checks typically show all criminal history regardless of age.

California law (under AB 1008) provides some protections for job seekers with criminal records. The retirement facility cannot automatically deny you employment based solely on your conviction from 27 years ago. They must consider factors like the nature of the offense, how long ago it occurred, and your rehabilitation since then. Your successful work history as chef could demonstrate rehabilitation.

Consider being upfront with your employer about the conviction before the background check results come back. This shows honesty and gives you chance to explain how you've changed since 1997. You may also want to gather evidence of rehabilitation, like reference letters or certificates. For specific guidance on your rights under California employment law, reach out to public legal aid services or contact the California Department of Fair Employment and Housing.

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