Legal Question in Criminal Law in California

I was caight with a petty theft in 2007, as a misdemeanor. I have completed my community service and paid the fine. I was wondering if this is still going to show in my background check, if I apply anywhere?


Asked on 11/03/10, 2:25 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Of course.

Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 11/08/10, 2:56 pm
Lawrence Wolf Law Offices of Lawrence Wolf

It will show up, so get it expunged asap

call if you need help

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Answered on 11/08/10, 3:54 pm


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