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In some states, there are no rules of law that prevents an employer from using your criminal record and other such documents to base his or her decision in hiring you. This could mean that pre-employment background checks are even more greatly emphasized as this is the only means of determining that the person does or does not indeed have a record. Thus, having no record to taint your background is an absolute must for most people if they want to improve their chances of getting hired.

In California, things can take a different pattern. Section 432.7 of the California Labor Code states that “No employer, …, shall ask an applicant for employment to disclose, …, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any … diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, …, any record of arrest or detention that did not result in conviction, …. Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on a bail or on his or her own recognizance pending trial….”

In simple terms, employers in California can’t use the California criminal records of prospective hires as basis for their hiring decisions. The only exception to the rule is when the California criminal records contain an actual conviction. There are cases when California criminal records are established even when the suspect has not been convicted of the crime. In this case, employers cannot use these types of California criminal records in accordance with the Labor Code, Section 432.7. Also, employers cannot ask any third party entity or private organization to inquire upon the applicant’s California criminal records and use the information or data taken to base their decisions.

However, as provided by this same code, an employer reserves the right to inquire about a prospective employee’s arrest which can be included in the California criminal records. Also, the employer can ask about the circumstances of around a pending criminal trial in which the applicant is involved and is out on bail. Such instances also lead to the establishment of California criminal records although they may or may not result in convictions.

So, in conclusion, unless you have a conviction in your California criminal records, you are protected from any hiring decision that is biased on your California criminal records.

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The State of Michigan keeps alot of different archives of information on criminal records. However, a minor problem is that majority of these sources of Michigan criminal records deal mostly with convictions. Criminal records for Michigan State do not necessarily warrant convictions. In fact, not all criminal records for Michigan result in convictions. And for this reason, databases maintained by the Michigan State Government may not be as comprehensive a source as we would like them to be. Therefore, it is advised that when you conduct a criminal records search, you do not use the state repository as your only source of information. There are also various other sources of Michigan criminal records that are mostly unused. These are the following:

State Police

As stated earlier, the most obvious choice for you to search for Michigan criminal records is the state repository. It is the Michigan State Police that maintains the official database of criminal history record information. Here you can find an archive of all Michigan criminal records of felonies or misdemeanors of a serious nature. The Michigan criminal records contained in the Michigan State Police database are actually fingerprint-based arrest records. By statute, law enforcement agencies and court clerks are required to create fingerprint cards for each record of arrest that are sent to the Michigan State Police. If the Michigan criminal records are not accompanied by fingerprint cards, then they will be included in the repository.

Department of Corrections

The Department of Corrections maintains a database of criminal records of everyone who has served time in prison. The Michigan criminal records stored here contain many details about the crime and the database even includes pictures of the criminal. The inclusion of photos are good for minimizing cases of mistaken identities wherein someone who is without a record may appear to have one because of names that are similar. The DOC database only contains criminal records of imprisonment and criminals who have been sentenced to prison do not show up here.

County Clerks of Court

Perhaps the most excellent way to verify whether a Michigan criminal action has been initiated against someone is to check whether there are criminal records of it in the Offices of the County Clerks of Court. Each court case is documented first by the Clerk of Court of the county where the case is to be heard. These documents are based on the information provided during the arrest incident.

Records of Arrests

Michigan criminal records of arrests at the county jail level are excellent sources, too, but they may not be as readily available as the others. There are some private sources that you can get to legally provide you with these.

To learn more about finding criminal records visit: Criminal Records Look Up

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