Petty Theft and Livescan Background Check

[Angel12345]

My question involves labor and employment law for the state of: Florida


About two years ago when I was 19 years old, I got caught for petty theft because I shop lifted about 15 dollars worth of items from a store in the state of Ohio. I was successfully able to pay all the fines and dismiss and expunge the record. I am currently in college in Florida, obtaining my degree in finance, and have recently applied for an internship with a financial organization. I got the offer, but they are asking for a LIVESCAN finger print to be sent to ensure I do not have a criminal record. My question is will the LIVESCAN show the petty theft on the fbi database? I am worried because I have not shop lifted since that incident and have learned from it. I will never do it again.

Also, is there anyway to expunge the FBI record so it does not show up when I apply to financial institions?

[Mr. Knowitall]

If you want to know what is going to show up from your FBI record, get a copy of your FBI record.

[Angel12345]

I hear getting a copy of the FBI record can take several weeks, and I only have a few days. What do you suggest I do? Should I go in for the LIVESCAN fingerprints and see what happens?

[AZDeputyClerk]

If LIVESCAN is thorough, it will. The conviction will most likely appear in both the FBI and local search. The only way to expunge a conviction is to do so through the court of record, IF your state permits that. Some states (such as Arizona) do not provide for expungment of criminal convictions. Convictions that are successfully expunged will still appear on the FBI and local records checks. The difference is that the disposition will be changed to reflect the expungment.

[Angel12345]

How do I delete this thread?

[Security Consultant]

You don't.

[ESteele]

OP, if you went through a diversion program and then had the underlying charges expunged, then a distinct possibility exists the underlying criminal charges will not be pulled up or otherwise considered during the background check. Many, if not most, such checks focus on convictions, not misdemeanor charges which were dismissed and expunged. Since your matter was apparently dismissed pursuant to a diversion program and ultimately expunged, it may not come up on the background check.

Additionally, you will probably want to confirm OP (1) the underlying criminal record was indeed expunged; (2) Ohio law allows you to lawfully deny the existence of said record in light of the court’s expungement order; and (3) said law also prohibits employers from taking adverse action against applicants who have had their criminal records expunged. If the foregoing is true and accurate, your interests may be protected, at least in the State of Ohio.

Like a surprisingly large number of college students, you did something mind-numbingly stupid. Fortunately, this act is in your rear view mirror and should not preclude you from obtaining the internship.

[Angel12345]

Thank you for your information ESteele. Yes, I agree I was really stupid and will not do that ever again.

I went in for the fingerprints a few days ago and am still waiting to hear back from the employer about the results. I am hoping there is no record found, since I did do a diversion program and immediately had the misdemeanor dismissed and expunged.

- - - Updated - - -

Just for an update: My employer called and said the arrest showed up on my fingerprint record. He asked what I was arrested for. I told him the truth and said it was expunged. He then asked for me to fax my court record so he could check to see if I am telling the truth. What will my court records say?