Legal Question in Criminal Law in California

i have a misdeameanor from seven years back is it true employers wont see this on a background check that goes back seven years or is it longer than that what happens it just wont show up and do i need to tell that i have had a conviction if it does not show up also there are two states who dont allow background checks do you know the states


Asked on 10/17/11, 2:13 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Criminal convictions stay indefinitely. You can minimize the damage by seeking a dismissal of this old case. It's commonly called an "expungement" - it doesn't wipe it from your record, but it puts a notation that it was dismissed. That allows you to tell most private employers that you do not have a conviction.

A local criminal defense attorney should be able to handle this for a reasonable fee.

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Answered on 10/17/11, 2:44 pm
Terry A. Nelson Nelson & Lawless

�Records are forever� and can be 'seen' in background checks. However, 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 If successful, the conviction would be withdrawn and the charges dismissed.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.

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Answered on 10/17/11, 5:03 pm


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