Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Oct 2005
    Location
    OREGON
    Posts
    3

    Default Passing a Criminal Background Check

    Hi Everyone,

    Just want to know if an expungement for a Petty Theft charge in '98 and in California will allow me to pass a crimminal background check for a job?

    I've researched this, however I notice that employers want an employee to pass a background check.

    In my case will an expungement classify me in not passing the background check if its through a state agency search or a private firm?

    Any information would be greatly appreciated.

    C.R.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,469

    Default Employer's Background Check

    That ultimately is something that will depend upon the policy's of your prospective employer.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    9

    Default

    It will show up on most backgrond checks, but will have a notation that it is expunged.

    Most private employers cannot discriminate against you for an expunged conviction - but in reality most WILL.

    For state jobs and licensing they will hold expunged convictions against you if the conviction "substantially relates" to the duties of the job. Unfortnately the terminology is subjective and something like petty theft is something that can easily be twisted to seem like it is "substantially related" to just about ANY job.

    Good luck

  4. #4
    Join Date
    Oct 2005
    Location
    OREGON
    Posts
    3

    Default

    Thanks for the opinions.

    I've just verified with the court.

    This is how it works out.

    Q: If employer asks if you have been convicted of a crime?

    A: Yes - Conviction Dismissed and Expunged.

    I feel its better to be honest because it will show up on a background check if its through a 3rd party vendor or local/state agency.

    However, its ultimately up to the hiring commetitee.

    C.R.

  5. #5
    Join Date
    Oct 2005
    Location
    OREGON
    Posts
    3

    Default

    Just want to let everyone know that I GOT the JOB.

    Hiring Commititee gave me the offer on Friday and I start next week.

    C.R.

  6. #6
    Join Date
    Feb 2006
    Location
    LA, CA
    Posts
    3

    Default good luck and congrat's

    Hell, maybe its better to be honest and upfront.

    I am confused, I thought if your conviction was dismissed and expunged under PC 1203.4 in CA, then u legally don't have to disclose it. But then again, they will probably find out anyway depending on who they use for the criminal bg check.

    Congrat's, wish u the best of luck. I may start answering yes-conviction dismissed/expunged. I will update ya'll.

  7. #7
    Join Date
    Feb 2006
    Location
    Maryland
    Posts
    16

    Default

    His charges were Dismissed, I don't think it's correct to say
    "Yes - Conviction Dismissed and Expunged"....it seems that you are convicting yourself when the open court said we have no right to do anything to you.

    Why is having a charge, considered a negative...in this country with the rampent sueing going on everybody has some kind of charge, it's the conviction or not that is important

    Charges without convictions are meaningless..anyone can charge anyone with anything.......if the the charge is found to be true in open court, that is a different story....I don't see why people with dropped charges, want to live the rest of your life as a convicted person...you are free....you defended yourself from crap people try to throw at you.....Am I missing something...What are others thinking?

  8. #8

    Default

    I agree. Anyway there is no such thing as convicted and dismissed. You can be charged and dismissed, which means nothing becuase anyone can file criminal charges against you by simply giving a statement of "their" facts. If you are found guilty that is a conviction.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,469

    Default

    It is possible for a court to take a guilty plea then, after a period of probation, dismiss the charge without entering the conviction. From a technical standpoint you would be right - the conviction would not be dismissed - but I can see how somebody might think that under such a system it was the conviction that was dismissed as opposed to the charge.

  10. #10

    Default Re: Passing a Criminal Background Check

    I'm new to this forum. Can someone explain to me why and how a background check company can find out about expungements of convictions? How is this possible if the state/county courts seal or expunge the record? I'm expunging in NJ and my understanding is that the record will be sealed as if it never occurred.

    Please explain in detail. Any information would be helpful.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Background Checks: While Companies Check Your Criminal Background, Do They Ever Care to Check Education
    By jarno in forum Application, Hiring and Promotion
    Replies: 5
    Last Post: 10-15-2009, 06:59 PM
  2. Background Checks: FBI Criminal Background Check
    By charle in forum Application, Hiring and Promotion
    Replies: 2
    Last Post: 05-07-2009, 09:45 PM
  3. Retail Fraud / Shoplifting: Criminal Background Check
    By circuitshitty in forum Criminal Charges
    Replies: 4
    Last Post: 06-30-2006, 10:00 AM
  4. Criminal Background Check
    By debs in forum Child Custody and Visitation
    Replies: 3
    Last Post: 04-30-2006, 06:35 PM
  5. Background Checks: Passing a Background Check
    By JimR in forum Application, Hiring and Promotion
    Replies: 4
    Last Post: 03-04-2006, 08:36 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document