Legal Question in Criminal Law in California

daycare job and background check

I'm applying for a lowly daycare job and I went through the mandatory fingerprinting today and will mail off the fee for a criminal background check. I was wondering if the disclosure of my early 1980's totally stupid shoplifting offense be reported to the daycare? It was a misdemeanor petty theft conviction where I paid a $100 fine after going to court. It happened in the same county where I'm applying for a job. The offense hasn't come up on any instant background checks I've paid for but now I'm worried that old offense is going to haunt me. I've never had any other run ins with the law since I committed that idiotic act. This is all so humiliating........Any thoughts on the subject?


Asked on 4/23/07, 7:00 pm

5 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: daycare job and background check

Get it expunged. Contact me directly.

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Answered on 4/24/07, 4:39 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: daycare job and background check

There is a definite possibility that the court has lost your record. Check with the sheriff's department to see if there is a record of the misdemeanor. If there is a record get the case number, the penal code section and the date. Then contact the probation department and request a form for expunging your record. Complete the form and return it with a check for the required fee, which is around $100.

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Answered on 5/02/07, 9:16 pm
Joshua Hale Hale Law Group

Re: daycare job and background check

If this bothers you, you may want to attempt to have the misdemeanor expunged. This may be your best course of action.

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Answered on 4/23/07, 7:04 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: daycare job and background check

Joshua Hale mentions, but doesn't explain, the benefits of expungement. It is very complicated and not suitable (in my mind) for an email. It requires a conversation. If you'd like to discuss this with me, don't hesitate to contact me. There will be no charge for this contact. It is possible that the conviction has already been expunged, and if it shows up at all, then there are explanations for that, too, and maybe ways to "fix" it. Again, it's all very complicated, but worthy of discussion. Good luck.

Steve Mandell, Santa Monica

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Answered on 4/23/07, 7:11 pm
Terry A. Nelson Nelson & Lawless

Re: daycare job and background check

You may want to seek to expunge the conviction, a process that is not complex or too expensive, and is useful for future private employment applications. You then get to say 'no' to conviction questions after expungement. However, even if expunged, the conviction MUST be disclosed on any govt application for employment, security clearances, licences, etc. It may or may not bar such employment, but failure to disclose guarantees you will not be hired, or will be fired as soon as they check and find you committed perjury on your application. And they WILL check and find it. Feel free to contact me if interested in doing so.

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Answered on 4/23/07, 8:50 pm


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