Can an employer make an employment decision based on any "record of an arrest that did not result in a conviction"?

Section 432.7, subdivision (a), in short, prevents an employer from making an employment decision based on any "record" of an arrest that did not result in a conviction. However, the statute does not prevent an employer from asking an employee about a pending charge, and it does not prevent an employer from basing an employment decision on an arrest that does result in a conviction. Critically, the statute does not place any temporal limits on whether the conviction occurs before or after an employment decision is made. The issue of temporal limits was addressed in Pitman v. City of Oakland (1988) 197 Cal.App.3d 1037 (Pitman).