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  1. #1

    Default Live Scan Report Unchanged After Expungement

    My question involves criminal records for the state of: CA
    My sister got in some trouble as a young adult some 20 years ago. Mostly H&S and a petty theft conviction (no contest plea). No felonies. She did server part of a 30 day sentence and 3 years probation. 17 years later, three years ago, she was turned down for a job due to a criminal background check. She did a "live scan" in order to get a copy of her report from DOJ. A month later she went to the courthouse and filed all of the paperwork for an expungement hearing. She appeared in court before a judge and he granted the motion. This took place almost three years ago. She is job hunting again so I advised her to go and to a "live scan" in order get a copy of her criminal history from California DOJ. She did so and it just arrived in the mail. It looks no different that it did four years ago. Am I missing something here? Did the paperwork not make it from the County to the State? Did the State not change the records? Maybe the report that one requests on themselves is different from what an employer will see? Help us understand this please!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: My Expungement Changed Nothing

    What does the disposition say for the offense she was originally convicted on? Does it say, "DISPO: DISMISSED" or something similar? (I don't have a copy in front of me as I am on vacation, so I cannot read the exact language that an expunged CORI record might indicate).

    Keep in mind that most private employers do NOT have access to DOJ criminal offender records. How does she KNOW that she was turned down for a job three years ago due to her criminal history?
    **********
    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

  3. #3

    Default Re: My Expungement Changed Nothing

    Three years ago the person doing the hiring was a friend of mine at the local police department. He was in charge of dispatch and she was applying for a dispatcher job. I'll have to look at her report again as I don't have it in front of me now.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: My Expungement Changed Nothing

    If this was for a dispatcher job, then the agency would have access to the full CORI report and can also make hiring decisions based upon even dismissed (expunged) offenses. However, it would seem very odd to hold her accountable for a 17 year old petty theft and drug offense. But, if the agency had been burned before as a result of what we call Brady issues, then they may be sensitive to crimes of moral turpitude such as theft.

    She may find that another agency will be less sensitive.

    But, she may also want to double check that the record properly reflects the dismissal per the expungement (likely per PC 1203.4). She may need to work with an attorney to help her read the printout and make the changes that might be needed.
    **********
    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

  5. #5
    Join Date
    Mar 2013
    Posts
    1,268

    Default Re: My Expungement Changed Nothing

    Section 432.7(b) of the California Labor Code allows for disclosure of the information in question to government a agency that employs peace officers.

    Disqualification cannot be based on criminal history information alone. Instead, that information may only be used as a starting point upon which for an independent investigation must be conducted. Information from that investigation can then be used for disqualification.

  6. #6

    Default Re: My Expungement Changed Nothing

    Thanks for the responses. As I mentioned, three years ago was through a friend of mine. I believe he phoned us "off the record" and we all chose not to move forward with a formal investigation. He stated that the drug charge from way back was not a show stopper as it was common these days but that the petty theft was taken more seriously as an indicator of "dishonesty". He thought we should pursue other career paths. I'm trying to figure out what kind of report an employer might see vs. the actual DOJ report that they sent to her after her live scan. Maybe the reports that non-law enforcement employers get do not have the same information.

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