Legal Question in Criminal Law in California

Background check

I was cahrged with misdeamenor grand theft almost 2 years ago. I pleaded no contest. Paid restitution, served communtiy service and got 2 years probabtion.

A co-worker of mine wants to conduct a background check on me and possibly inform my employer of any convictions or charges I had.

I feel this is a violation of my privacy and this co-worker is doing this background check on her own time and for personal reasons. My employer has no idea of my criminal record.

If this co-worker goes through with this and finds out about my theft charge do I have any legal recourse? I know if my employer finds out I will be fired!


Asked on 1/28/06, 6:15 am

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

Re: Background check

If your coworker were to do this, it would be against the law, and you could sue.

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Answered on 1/28/06, 12:02 pm
Terry A. Nelson Nelson & Lawless

Re: Background check

For starters, she shouldn't be able to legally access that info. If she does, it is grounds for civil suit. You should consider hiring an attorney to expunge the record so it shows as a dismissed case. Contact me to discuss the facts and proceedures if interested in doing so.

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Answered on 1/28/06, 3:44 pm


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