Lab. Code 432.7 prohibits an employer from asking a job applicant to disclose any conviction that has been judicially dismissed and bars an employer from using any record of a dismissed conviction as a factor in the termination of employment.  Here, Premier hired plaintiff but several weeks later received a mistaken notice from the DMV saying that plaintiff had an active criminal conviction, whereas, in truth charges against her were dismissed after she completed three years of probation and made restitution of the money she had embezzled.  Premier did not investigate to see if the DMV was correct, though its own background check had revealed no conviction and when confronted plaintiff told Premier her conviction had been dismissed.  Instead, Premier fired plaintiff for lying on her job application.  This decision affirms the Labor Commissioner’s finding that Premier violated both Lab. Code 432.7 and Lab. Code 98.6 by retaliating against plaintiff for exercising her right to omit disclosure of the dismissed conviction on her job application.