Legal Question in Criminal Law in California

In 1994, I was caught by a police officer with a bottle of beer in a park. I was 20 and it was 2 weeks from my 21st birthday. Anyway, it was my first offense and I was given a fine of about $100 and my license was suspended for 6 months. I went on to get my master's degree and my teaching credential and have had numerous teaching jobs since then. 4 days ago, I applied for a tutoring position. It asked if I had been convicted of a felony to which I said, of course, no. The tutoring company called me today to ask why I'd lied on my application about being convicted of a felony. I, of course, was confused, and asked what they were talking about. Apparently, on my California record, this incident is still coming up, and it's coming up as a felony? I am now 37 and am very confused because this incident was so inconsequential and so long ago, but now it's calling into question my character, because this company thinks I lied. I've had numerous teaching jobs before and this has never come up.

I guess I want to know why this is still coming up on my record?


Asked on 2/28/11, 5:07 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The first step would be to write, or have an attorney write, this company a certified letter demanding a copy of this so-called "background check." You have the right under the Fair Credit Reporting Act to receive a copy. You would also, of course, deny the allegation within the letter. Then follow up with the company that conducted the "background check," for example by way of a lawsuit for defamation.

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Answered on 2/28/11, 5:12 pm
Terry A. Nelson Nelson & Lawless

You will need a copy of the actual court record to prove your claim, which you will then send to the reporting company with a demand to correct their records. If the court shows a felony, it is not the fault of the reporting company. If the reporting company is wrong, then there may be a basis for defamation suit.

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Answered on 2/28/11, 5:22 pm


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