Legal Question in Criminal Law in California

Re: CA Expungement & 3rd-party background check report

If the Clerk says the records are up to date and the 3rd party does a check of the court public records the conviction shouldn't show up.

If you gave your fingerprints for a life scan and the background check went to the Department of Justice, the fact that you had a conviction along with the dismissal will show up. That type of background check is only allowed to be used for certain employment and licensing, not all general employment background checks.

I hope this answered your question.

Good luck,

Re: CA Expungement & 3rd-party background check report

Your record will always show conviction and expungement/retroactive dismissal, that is what happened. A good background check will find and see it.

Re: CA Expungement & 3rd-party background check report

If it is a theft or fraud type misdemeanor (such as shoplifting) there is a good chance you will flunk the background check no matter what. Otherwise, it is anybody's guess whether it will show up. Since you had it "expunged," you can say it never happened. If you do flunk the background check, they are supposed to tell you so in writing. More often they just never call you again. If this were to happen, be sure and write them a letter requesting a copy of the results. If it turns out that the report includes an expunged misdemeanor, please email me.