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Job offer rescinded due to a case dismissed under PC1203.4 - can they do that?

Fair Oaks, CA |

I answered "no" regarding convictions on an application for a job recently and was offered the job. When my fingerprints came back, the HR manager rescinded the offer based on a misdemeanor case dismissed under PC 1203.4. The fingerprint report clearly shows the dismissal yet she's still using this against me. She's asked that I submit a letter withdrawing my application, but I feel I need to stand up for myself IF I have grounds to do so. Are they allowed to do this?

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Attorney answers 3


It depends. What is the nature of the job, the employer, and the employer's business? And what kind of criminal case was dismissed under P.C. 1203.4?

Under most circumstances, there is no benefit to you in providing a potential employer with a formal withdrawal of your application for employment. What is the basis for that request? Don't comply with that request casually or automatically. Let's get some additional facts before that request gets any serious consideration.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


I have read a lot of Christine's opinions and they are very good and to the point.,

My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los Angeles and Orange County, CA. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site, I will do limited appearances which are court documents , less expensive.

Christine C McCall

Christine C McCall


Thank you for saying so!


As Attorney Christine said it depends on the job itself, the employer and the business as well.
Some employers are very strict while other are flexible.
Good luck

Law Offices of Hasbini 619-200.8986. Free on phone and in office consultation.

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