Legal Question in Criminal Law in California

Misdemeanor

If you had an arrest 20 years ago but had it espunged do you have to disclose it to a Bank? Is a bank considered gov't since they do FBI checks? If it's been dismissed does the FBI say that there is no record?


Asked on 5/19/09, 1:32 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Re: Misdemeanor

Your question is unclear. Was this just an arrest or a conviction? I ask because if it was only an arrest, the only "expungement" you could have gotten was factual innocence under Penal Code Section 851.8, in which case it should NOT show. If it was a conviction, then you probably got a 1203.4, which might show. Misdemeanors are not carried forever in some police databases, and "fall off".

I suggest you contact the California Dept. of Justice and order a "live scan" record of your criminal history to find out what is on there. FBI checks take much longer. You do not have to disclose a 1203.4 case to a bank, but if they order a record, they will see the 1203.4 if it is still on there.

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Answered on 5/19/09, 2:22 pm


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