Expunged Record And Background Check

I live in California, and i recently am going through a background check for employment. This is not for a police officer, lottery or any professional license position. My question is this company hired a third party company to do a background check, and from what i understand they are doing a court criminal checks. I had a felony reduced to a mis. and expunged from my record in 1998, can this 3rd party company disclose this information, and can it be used against me if found ( i thought it wasnt supposed to be found but by NCIC). also on this companys application says straight out, "applicant has the right to not disclose a conviction that has been sealed or expunged under applicable law". maybe i am worrying for no reason, but i don't want to be discriminated for something they should not have. and i also read where california has a 7 year law, which should also help keep anything from being seen. also note the origional charge was not drug or sex related, but a simple burglary that was reduced and expunged, thank you for your time.....

It *probably* won't show up - it's according to how thorough of a background check they do. If you were, for example, applying for a government job, it would most likely show up.

However; since the application said you did not have to report expunged convictions, you had the right to not disclose that history.

thank you for the repy, i went to the court house and pulled my public record, inside there i have a 1203.4 files, signed by the judge and also documents showing my charges being reduced to a misdemeanor. but the court lady explained that anyone can see my conviction still, and she told me i still have to check yes i have been arrested and yes i have been convicted of a crime reguardless of what job i am applying too. so i called the background screening company as anon, and asked them policy on expunged records, and they said they only go back 7 years. my record was expunged 10 years ago, april of 98. any idea of how they request 7 years? and will all this come up?

i asked the courthouse lady about the 7 year law, and she said there is no law. so i am confused nd really need some advise or support if you guys ont mind..thank you.

I don't see why you would have to disclose it if the application says you don't have to disclose sealed or expunged records.

California:
Employers may not ask about an arrest that did not lead to a conviction; may not ask about pre-trial or post-trial diversion programs. May ask about arrest if prospective employee is awaiting trial. May not ask about a marijuana conviction more than 2 years old.
May ask about convictions even if no sentence is imposed.
Employers cannot seek from any source the arrest record of a potential employee. However, if the arrest resulted in a conviction, or if the applicant is out of jail but pending trial, that information can be used. An exception exists for the health care industry where any employer who has an interest in hiring a person with access to patients can ask about sex related arrests. And when an employee may have access to medications, an employer can ask about drug related arrests.
Criminal histories or "rap sheets" compiled by law enforcement agencies are not public record.
Employers may access workers' compensation records after making an offer of employment. To gain access, employers must register with the WCAB and confirm that the records are being accessed for legitimate purposes. The employer may not rescind an offer due to a workers compensation claim. However employers have the right to terminate a new hire because of a falsified application.
***An application may ask "job related" questions about convictions except those that have been sealed, expunged or statutorily eradicated.***
Medical records are confidential and may not be accessed in virtually all cases. However if employers require physical examinations after they make a job offer, they will have access to the results.
***Employers may only consider convictions that have occurred within 7 years from date of conviction, end of parole, or release from prison.***

i guess the only way they can see any conviction is to pull my records in person? and under california law they can not disclose any conviction past 7 years unless it is job related? and further more since i have a 1203.4 expungment, they can't use it all? and i reading this right? lucky for me my expungment is 10 years old, and the origional conviction is 15 years old.

It seems to me you should be ok from the info you posted & from the Ca. rules.

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Quoting Betty3

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It seems to me you should be ok from the info you posted & from the Ca. rules.

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thank you betty, i will post what the outcome is, i will know by early next week. i have had several other baackground checks before and nothing ever came up, but this is a GREAT job and i guess i got worried. and i prolly didn't have to worry at all.

on a side note [name elided at user's request - Mod ] is doing the background check and they seem to be a investigative consumer reporting agency, and will hve to follow ICRAA laws in california, so seems they can't report anything over 7 years anyway, even if i didnt get it expunged. i am feeling better about it all now. :wallbang:

Yes, let us know the outcome - good luck.

you were correct Betty, nothing came up just like it supposed to not do lol. thanks again for the advise and help, i leaarned alot on how background checks work, especially in CA.