Legal Question in Criminal Law in California

There's no standardized definition of what a "background check" is, nor are there standardized criteria for passing or failing. The "expunged" theft offense might or might not show up, the arrest might or might not show up; and either or both of these might or might not be held against her. If the employment is with a government agency or requiring a government security clearance, the "expungement" will be meaningless. If the job involves retailing, banking, cash handling, or other positions of trust, expect the theft offense(s) to be discovered and to be disqualifying. If she is refused the position because of a "background check," the law says she must be notified of the entity that prepared the report and she is entitled to receive a copy, but many employers just won't call you back.

My guess is that the live scan is being conducted by a state licensed employer, in which case they will show up, and the expungement is of no assistance.

I suggest reading the following link:

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm#whatdisdo

With government agencies, or state licensed facilities, it is better for your daughter to disclose as pointed out in the link, rather than not disclose.

Records are forever. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'.