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  1. #1

    Default Expunged Record Still Showing in Background Check

    My question involves a background check in the State of: California

    Hi, in 2003 when I was 18, I was arrested but never even had to go to court, so I assume this case is dismissed or was never considered convicted???

    However, in 2004 when I was 19, I was arrested and convicted for a Felony charge of Grand Theft. This case was expunged around 2007 and later reduced to a Misdemeanor in 2009.

    Recently, I applied for a job at the bank and was required to do a fingerprint background check. I was stated as "ineligible" for hire. Requesting for a copy of my consumer report by the company First Advantage, both arrested case and the one that was convicted appeared on my record. Record states that it was Felony reduced to a Misdemeanor and every other details.

    So my main question is, what is the point of expunging my record if it still shows up with some much detail? I'm really lost at the moment because I just finished school with a finance degree, and I feel like I can not get any job in the finance industry, hence wasting 4 years of my life through college. Can I have this past mistake completely sealed away to stop it from haunting me for the rest of my life? It's been 7 years since, will 10 years be better?

  2. #2
    Join Date
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    Default Re: Expunged Record Still Showing in Background Check


  3. #3
    Join Date
    Sep 2005
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    Default Re: Expunged Record Still Showing in Background Check

    In terms of the California arrest, we have no information on that case and thus cannot confirm that it was dismissed; however it is reasonable to infer that you were never convicted.

    If the 2004 incident is also a California case, dismissal in California does not remove the charge from your record. Your record is changed to show a dismissal rather than a conviction.
    Quote Quoting What Will a Dismissal Do?
    Once all of your convictions have been dismissed:

    1. Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code 1203.4. So, when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. But, it is a good idea to read the Penal Code 1203.4, the California Code Regs 7287.4(d), and/or talk to the public defender in your county if you have questions about your rights and obligations regarding past convictions when applying for a job. Click here to find the public defender.
    2. Applying for government employment or a government license: On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED." In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime.
    3. You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
    4. Your dismissed conviction(s) can still be used to increase your punishment in future criminal cases.
    5. Your prior conviction(s) can still affect your driving privileges.
    6. If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender. Your status as a registered sex offender will continue to be available to the public on the internet under Megan’s Law.
    7. If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed.
    Note that restrictions on employers based on California law do not apply to employers in other states.

  4. #4

    Default Re: Expunged Record Still Showing in Background Check

    Both the 2003 and 2004 case are in California. Looking at my copy of the consumer report, I can not find anywhere on the criminal court records stating that the case has been dismissed. Also, another question I have is about the 7 years or 10 years rule, where past records will not show after 7 or 10 years length of time. Is this just a myth or a fact?

    Will call the third party Pre-employment screening company tomorrow first thing in the morning and try to get more detail information why I am "ineligible" to work for this bank.
    Also thinking about finding pro bono lawyers in the area who can take this matter to the bank's legal department to possible hope for a long shot at the job position.

  5. #5

    Default Re: Expunged Record Still Showing in Background Check

    So recently, I spoke with an attorney, and he said that banks have a little more access to background information because they work with the FDIC. It is taken to the federal level and they have a higher level of clearance in doing background checks. Being so, I feel completely discouraged at finding any work in the finance industry, thus wasting my time at college. Society....disappoints me.

  6. #6
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    Sep 2005
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    98,846

    Default Re: Expunged Record Still Showing in Background Check

    The three major credit reporting agencies don't report convictions. Credit reporting agencies that report convictions and that are subject to California law only report them for (at most) seven years. But your criminal record is permanent, so if it is obtained by means other than a credit report the person obtaining the record can see the whole thing.

  7. #7
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    5,252

    Default Re: Expunged Record Still Showing in Background Check

    California: Banks & credit unions may deliver fingerprints taken of applicants to local, state, or federal law
    enforcement agencies to find out if an applicant has ever been convicted of a crime or is out on bail pending
    trial. The Ca. Dept. of Justice must, and a local law enforcement agency may, give the bank or credit
    union a summary of the criminal history information for the applicant when a written request is made.
    No requests can be submitted without the applicant's written consent.

  8. #8

    Default Re: Expunged Record Still Showing in Background Check

    The job was offered to me, until they received a noticed from the background check company stating that I am ineligible for hire. Speaking again with the attorney, he stated that all banks that works with the FDIC gets federal access clearance to records, even reduced and expunged ones, and any banks hiring someone with a breach of trust conviction is subject to violation of Section 18 or 19, i forgot. Something like the banks get fine for $1 million a day for having someone with a breach of trust conviction record. The attorney also mentioned about sending in a petition to Washington DC to have that section 18/19 removed, but it'll cost be $2000. Is this a viable option? But this "expunged" record still shows up and they can just still deny me for other reasons.....

  9. #9
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Expunged Record Still Showing in Background Check

    Your conviction was reduced to a misdemeanor in 2009. That means it still exists and can be found. Court records are public records, and many of these background firms mine public records for data like this.

    You can understand why a bank might be concerned about someone with a theft conviction, right?

    To discover what state criminal records have on you, follow this process:

    http://ag.ca.gov/fingerprints/security.php
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10

    Default Re: Expunged Record Still Showing in Background Check

    yeah I understand can see why banks are concerned about someone with a theft conviction. I'm just really disappointed that my expunged record is still viewable, and is really concerned about my future now. I really don't want to put my college degree to waste for a mistake I made when I was 19.

    I'm going ask for a copy of my record from the DOJ also to see if there is something I can do.

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