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Is arrest record admissible in employment case?

Los Angeles, CA |

Hello, I am suing my former employer for unpaid overtime and missed breaks. They have subpoenaed the sheriff's department for my arrest record for something I wasn't even charged and wasn't convicted. The arrest was before I even worked there and I did nothing illegal (which is why I was never charged). Can they do this? Is there any way for me to stop them from getting this information?

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Attorney answers 4

Posted

If you hired an attorney to represent you on your case I would rely on the advice of your attorney with the best way to handle this.

Best of luck on your case.

Posted

An arrest without a conviction will probably not be deemed admissible by a judge. The process to stop the records from being produced by the sheriff's department is to file a motion to quash the subpoena. Your attorney should know how to do this. If you do not have an attorney, you are at a severe disadvantage, as you are going to have to learn very quickly. But even if the records are obtained by the defense, that does not mean they will be admitted into evidence in trial. Good luck.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

Posted

The arrest record might be relevant in a wrongful termination case, but it is probably not relevant in a wage and hour case.

Posted

You may be able to file a motion to quash the subpoena. Even if they obtain the arrest records, it's unlikely there would be any basis to admit them at trial.

As the other attorneys have noted, you are making a serious mistake if you are attempting to litigate this case on your own. Don't waste any more time retaining counsel.

This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

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