Legal Question in Employment Law in California
Background checks....
I am currently applying and interviewing for potential new jobs. What can and will show up in my background check? I have a mideameanor theft charge which I pleaded no contest to and was given 2 years informal probabtion and community service which I fully completed this year! I have 10 months left on my probation. Can any employer in the state of California get that info online? Or does someone actually have to go to the courthouse to get my criminal record? The jobs I am applying for is restaurant management. I read that in California there are restrictions as to what companies can get criminal records. That criminal records like mine are not public records where anyone can get online or through a private background check provider. Is that true? If I want my misdeameanor expunged how much may that cost me and how difficult would that be? Thanks for any info I get!
2 Answers from Attorneys
Re: Background checks....
Major companies frequently hire background search companies to check resumes and criminal records histories. My wife has done that kind of work in the past and once needed my help interpreting the results from a search. Therefore, I can say that misdemeanors can and do show up on these types of reports.
Your arrest and police blotter are not public record, but the court's file and your conviction ARE public record. This is a profitable business, so there are businesses devoted to gathering and selling this information from public records.
I don't know if expungement will do you any good, but you can probably find a criminal defense attorney to do this for less than $1000.
Re: Background checks....
Yes, your conviction will show on a background check by employers. You can get the conviction expunged once probation is over, and MAY be able to get probation terminated early in order to get the expungement. It does take a little time to accomplish, so probably won't help you in current interviews, but will be of great help in the long run. Contact me if interested in having experienced counsel help you do this right.
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