Legal Question in Criminal Law in California

Expunged Misdemeanor v. 3rd Party Pre-employment report

Here's the background:

--I have misdemeanor case

expunged, and court records properly

indicate the updated disposition.

--3rd party background check

company is preparing a pre-

employment report on me, and my

job offer is dependent on that report

being returned with no reported

convictions.

--CA and FCRA laws indicate that

cases should not be included where

case was expunged and dismissed.

--KEY QUESTION: Do these

background check companies include

the expunged cases in their reports,

or somehow ''tip off'' the employer

that there is an expunged conviction,

OR do these companies typically

follow the law and NOT REPORT

expunged misdemeanors in their

screening report given to the

employer.

--I cannot seem to confirm that this

expunged misdemeanor will surely

not be reported to the employer in

the written report. Does anyone

know about whether background

check companies will report this info

even though it is not lawful to do so

per CA labor codes?

Thanks a lot for your help.


Asked on 9/19/07, 8:02 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Expunged Misdemeanor v. 3rd Party Pre-employment report

They will likely include them; it is part of your record. The conviction doesn't magically disappear from your record, it is just corrected to show the case dismissed, no conviction. If you are applying for any kind of clearance, bonding, security check, professional license, government job, school or health care job, military, etc., you are obligated to disclose the expunged convictions, subject to perjury, rejection or termination for failure to do so.

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Answered on 9/19/07, 8:12 pm


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