Legal Question in Criminal Law in California

Expungement and Livescan

I plead no contest to a misdemeanor grand theft back in 1994. I went back in 2002 and had my records expunged under penal code 1203.4. I was offered a job at a bank and I accepted the position but once they ran a background (livescan) check through Accurate Background, they withdrew the offer. The case came up on the background check stated dismissed but the conviction was still revealed. Is there something I can do for it to not show up in the future?


Asked on 9/05/08, 8:54 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Expungement and Livescan

I would contact the company in charge of the background database and demand they remove the conviction from their records. I would back up my demand with certified copy of the expungement/dismissal order. If this does not work, you could get a hearing in court to obtain court order requiring them to remove it.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 9/05/08, 9:05 pm
Terry A. Nelson Nelson & Lawless

Re: Expungement and Livescan

No. You've already 'cleaned' it up as much as can be done. Records are forever, and you are now suffering the consequences of conduct and choices made.

You are required to disclose the conviction and expungement on any application for positions involving professional licensing, certification, bonding, security, elected and government office, health care, child care, etc. The applications will typically specifically explain the requirement.

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Answered on 9/05/08, 9:28 pm


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