Legal Question in Criminal Law in California
I had a felony conviction with a disposition date of May 2003. My understanding that in California background reports can legally go back 7 years. It is still showing up. Do I have any recourse?
2 Answers from Attorneys
Background checks, like records, go back to 'forever'. However, while the general rule is �Records are forever�, some convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced, and if it was not for certain listed sexual molestation crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, you may deny, in response to any question concerning your prior criminal record, that you were arrested for or convicted of the offense except that you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, 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.
Background checks depend on who is doing them and how they do them. There is no standard background check or 7 year rule for criminal convictions.
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