Legal Question in Criminal Law in California
background check
If a person was clear from wrongful charges, meaning the case was dismissed, and then gaining employment,but they needed a background check will that case come up? and if so, how much information will be give out? Its been about five years ago is there a limit? or will it just say the case is dissmissed?
2 Answers from Attorneys
Re: background check
Essentially, the arrest/charge will always show..if a person is factually innocent they may go to Court and seek an order determining factual innocence and have that record removed from the data base....otherwise, it will
be there forever...a mere dismissal is not a determination of factual innocence.
DJM
Re: background check
Records are forever, but you said it was dismissed, so there is no conviction to report or disclose on applications.
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