Legal Question in Criminal Law in California
I was cited and charged with simple battery. I will complete my required class next week and my return to court date is the end of January 2010. Will the charge show up on a background check? After I give the certificate to the judge, the case will be dismissed. I am applying for jobs now and wanted to know if this would count against me in a current background/criminal check. Any helpful information would be greatly appreciated.
2 Answers from Attorneys
It depends on who is doing the background check, and what method they are using and what access they have. For example, if you are applying to work at an assisted living facility, they are permitted to request a CLETS printout from the local Sheriff based on what is known as a "livescan" of your fingerprints, and arrests and pending cases show up on that report.
Any 'conviction' is on your record 'forever'. If you are in a diversion program that ends with dismissal of the charges, then there would be no conviction. The arrest will show.
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