Legal Question in Criminal Law in California
I was convicted of a CA penal code 314 in 1998, it was charged as a felony due to a similar conviction in 1997. A hopeful employer is going to conduct a background check and according to CA civil code 1786.18 it appears that they will not see a conviction this old. Is that correct? The position is for sales and should not require any special licences or clearance.
2 Answers from Attorneys
No. You are not correct. Criminal records are forever. They don't just magically disappear over time. You are mistakenly referring to rules for credit reporting agencies. The employer can, and should, check your civil and criminal record through an employment background check, where they will see the conviction.
However, you can consider getting the conviction[s] expunged; it would help in obtaining and keeping employment. Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time sentenced whether served or not, and if it was not for certain sex and Domestic Violence crimes, and if all terms of sentencing and/or probation [and at least one year of probation] are completed, and if there are no new charges pending. Your specific penal code is not one of the listed offenses that would specifically bar expungement. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
That Civil Code section has to do with consumer reporting agencies. It won't prevent an employer from finding it by searching court records.
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