Legal Question in Criminal Law in California

All arrests and convictions are on your record. Records are forever. However, many convictions can be 'expunged' from criminal records by proper application and Petition to the court if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

To answer your question directly, it depends on how he does a background check. "Background" check has a loose meaning, and no meaning whatsoever in the law. Some people may check court records that are available to the public, and some state licensed employers have access to livescan, in which your actual fingerprints are scanned and sent to the Department of Justice to determine your criminal history. Some employers can only obtain credit reports.

With that said, it appears this was a juvenile offense. Contrary to popular belief, juvenile records are not automatically sealed in California. Expungement also does not apply. The proper remedy is for you to file a petition to seal your juvenile records, which remain sealed until you turn 38, at which point they are destroyed. If you do not file that petition, the juvenile records will be kept for the remainer of your life.