Legal Question in Criminal Law in California

will a 1984 misdemeanor conviction in CA. show up on a background check, will it even show that a record has been found?


Asked on 10/14/13, 4:37 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Yes. It will show ...if it has been that long, why not get it expunged?

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Answered on 10/14/13, 5:50 pm
Terry A. Nelson Nelson & Lawless

�Records are forever�. However, 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. Sounds like yours may qualify. If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. 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. That record is accessible in background checks. 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. 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 10/15/13, 2:16 am


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