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  1. #1
    Join Date
    Mar 2008
    Posts
    138

    Default FBI / DOJ Background Check And Expunged Shoplifting Conviction

    Hey all, I've been answering peoples' posts here for a little while and now it's time for me to post my own question. Six years ago i was caught shoplifitng in California. Charged as petty theft misdemeanor. This was the first and last time ever being convicted of anything. Now I am doing a "Live Scan" background check that will be run by the Department of Justice and FBI. It's for a high school teacher position. I got my record expunged and in addition California seals criminal records after five years. An aquintance of mine is a school teacher who has two misdemeanor drug convictions. When he filled out his application he put "NO" on the criminal conviction section. He is advising me to do the same. He had no problems.

    So what do you think I should do? Should i write it down and risk creating a bad impression, or should i not write it and rely upon the fact that the record is sealed? Either way, I don't think the school will have much of a problem with it, since they are looking for certain types of crimes.

    Oh yes, I also recently ran my own internet background check from a pay site called courtrecords.com (or something like that). Supposedly the site is reliable. It showed zero matches.

  2. #2
    Join Date
    Dec 2005
    Posts
    200

    Default Re: FBI / DOJ Background Check And Expunged Shoplifting Conviction

    You should complete the application truthfully. Does expungement of the record mean that you were never convicted?

    I don't know what level background check is being done, but from my personal experience I know some FBI checks don't depend entirely on official records. They question a variety of people who may have had some association with you. If any were aware of your shoplifting and conviction, the expungement and sealing of your record may be irrelevant.

  3. #3
    Join Date
    Mar 2008
    Posts
    138

    Default Re: FBI / DOJ Background Check And Expunged Shoplifting Conviction

    well, I don't think the FBI will talk to anyone with whom I've associated; I'm not applying for law enforcement or anything like that. They will probably just check documented records.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FBI / DOJ Background Check And Expunged Shoplifting Conviction

    So what do you think I should do?

    I think you should tell the truth. (Did you really think anyone on a legal website was going to advise you to lie?) You'll look a lot worse if the employer finds out the truth on his own than you will if you own up to the truth and tell them how you've learned from your mistake.

    Take it from someone who interviews people for a living; a lot of employers will forgive a single mistake, especially one that was a few year in the past and that the employee has learned from. Few if any will forgive being lied to. And a lie of omission is still a lie.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: FBI / DOJ Background Check And Expunged Shoplifting Conviction

    According to the California courts,
    Quote Quoting What Will a Dismissal Do?
    Once all of your convictions have been dismissed:
    1. 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.

    2. You will not be allowed to own or possess a firearm until you would otherwise be able to do so.

    3. Your dismissed conviction(s) can still be used to increase your punishment in future criminal cases.

    4. Your prior conviction(s) can still affect your driving privileges.

    5. 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.

  6. #6
    Join Date
    Dec 2005
    Posts
    200

    Default Re: FBI / DOJ Background Check And Expunged Shoplifting Conviction

    Quote Quoting Mouser
    View Post
    well, I don't think the FBI will talk to anyone with whom I've associated; I'm not applying for law enforcement or anything like that. They will probably just check documented records.
    None of those whose background checks included interviews were applying for law enforcement jobs or jobs that required security clearances.

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

    Default Re: FBI / DOJ Background Check And Expunged Shoplifting Conviction

    You do need to answer all questions on the application truthfully. They check very thoroughly when applying for a job where the elderly or children are involved.

    If you lie & they find out your hx, they will most likely not hire you for sure.

  8. #8
    Join Date
    Mar 2008
    Posts
    138

    Default Re: FBI / DOJ Background Check And Expunged Shoplifting Conviction

    What about the law in California which mandates the sealing of convictions after 5 years? I know for a fact that the conviction then becomes unreportable to employers, eventhough it still exists on your record. Come on now, if I don't have to disclose this, then why should I??

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