Legal Question in Criminal Law in California

"Filing a complaint" and adopting a confrontational attitude isn't gong to get him anywhere. It is not unusual for court minutes to use brief terms to describe things, and most attorneys would call it a "theft class." Frankly, I doubt that addition of the word "awareness" on the background check would have made much difference. The nature of the convictions would also raise eyebrows, because both offenses are very closely related to burglary.

Was your son represented by an attorney in these cases? It may be possible to handle it informally with the court clerk... but, again, this is probably better done by a lawyer. Both you and your son are emotionally invested in this issue, so having someone who can address it with detachment would be more effective.

If these offenses occurred when your son was a juvenile, he should petition the court to have his record sealed.

If he was an adult, then he can file a petition under Penal Code �1203.4, which allows a person who is granted probation to apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. It will not remove any restrictions on your right to own a firearm or relieve you of the requirement to register as a sex offender. The conviction can still be considered a prior offense; for instance, a prior theft conviction could make any future petty theft a felony, or a prior DUI conviction could be used to increase the punishment in subsequent DUI convictions.

BEWARE of law firms that promise to "clear your record" and charge thousands of dollars. The process of filing a Penal Code �1203.4 petition is pretty simple, and you can do it yourself with forms available from the court clerk's office, especially if you completed probation without any problems. If you had a probation violation along the way, you may want an attorney's help, but the guys who charge thousands to file simple paperwork will probably overcharge you for that, too.

California Labor Code �432.7 says employers can't ask about any arrest that didn't result in a conviction, inquire about it from other sources or use it in a hiring decision.

Some attorneys interpret this Labor Code section to mean you don't have to disclose a conviction that was dismissed under Penal Code �1203.4, but I usually advise clients to disclose it, with an explanation that the conviction was subsequently dismissed.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Lawguru, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.