Legal Question in Criminal Law in California

Re: Background check

Thank you for your posting.

Only certain employers such as public utilities, law enforcement, security guard firms, and child care facilities can run background checks to show criminal convictions. (California Penal Code ��11105, 13300) With the advent of computerized court records and arrest information, however, there are private companies that compile virtual "rap sheets."

If the information is accurate, there is no limit, such as a statute of limitations, as to how long a record can show up. Criminal records are for life unless expunged or pardoned.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Re: Background check

Felony convictions remain on your record forever, unless they are removed by a court or by a pardon from the governor. To get a court to remove a major felony from your record you would have to prove that you are innocent of the charge. Some minor felonies can be reduced to misdemeanors; misdemeanors can then be expunged in most circumstances. This also has to be done in court.

Re: Background check

In my opinion, as a general rule, you are better off not admitting adverse information about your criminal convictions on employment applications. Tell the truth and certainly you won't be hired. Lie, and you have nothing to lose: 1) They could fire you after you begin work, in which case you are better off financially for having had some work. 2) Their "background check" could fail to discover your problem. 3) They could find out after you begin work, and decide to keep you on anyway because they like your work. Don't ever lie, however, on applications for government or government-related jobs.

Lastly, if you did not serve actual state prison time for your felony conviction, hire a lawyer to file a motion to 1) have the conviction reduced to a misdemeanor and 2) expunged. If you did do prison time, and you have led a squeaky-clean life for at least 5 years after the end of your parole, hire a lawyer to file for a "certificate of pardon and rehabilitation."