Legal Question in Criminal Law in California

hello. so i got a pc490.1 infraction from an incident i had at the begining of the year. to my understanding this is an infraction. i am planing to go work over seas and most companies ask for a fbi background check. my concern is if infractions appear on the record. i was arrested and fingerprinted but everything was reduced to pc490.1 incfraction. so basically my question is if this is available to see through a fbi background check and if details are released. and if this information is releases is there anything i can do to have it sealed off so i am able to move on and get jobs over seas. i really want to better myself and get a great job. help!


Asked on 12/14/13, 12:28 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Because you were arrested and booked, this will show up on your background check. It should reflect that it was reduced to an infraction. How this affects any new job is between you and your employer. You should keep copies of the paperwork from court so that you can verify it was reduced to an infraction.

Please pardon any typos - posted via mobile device.

Read more
Answered on 12/14/13, 6:23 am
Terry A. Nelson Nelson & Lawless

Yes, EVERY arrest, charge, plea and conviction is made part of your permanent records. That is what is meant by 'records'.

No, you can not 'seal' adult records.

Yes, you may be able to expunge this.

Some CA convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual 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If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. Expungement does change the court record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses with the courts and DMV.

Expungement will help in obtaining employment. When applying for a job in the PRIVATE sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense.

However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. The licensing agency and employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

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.

Read more
Answered on 12/16/13, 1:27 pm


Related Questions & Answers

More Criminal Law questions and answers in California