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Live-scan and background check

Grand Terrace, CA |

I applied for a job with a government-funded, non-profit organization and got the job. When I filled out their paperwork which asked the question "have you ever been convicted of a crime [even if it was later dismissed]" I checked NO. Well, 4 years ago I was convicted of a few misdemeanors and everything was dismissed. I asked my attorney and he told me to put NO. Now the company wants to fingerprint and do a live scan. I'm terrified. What is going to happen???

Attorney Answers 4


  1. You will likely be terminated.

    It is unlikely that you will face any criminal charges unless you violated the terms of your conviction sentencing.

    Please check the law of your state


  2. I agree that you will likely be terminated. It is also likely that your employer will object to any claim for unemployment benefits on the grounds that your termination is based on dishonesty in your statements to your employer, not for the fact of the prior convictions. Is the lawyer who told you to answer "no" willing to come forward and attempt to intercede with your employer? That would not necessarily be effective work in court or in a state administrative hearing, but it might be persuasive to a private employer. There is no downside for the attorney, so it's worth asking.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  3. Your post is somewhat ambiguous where you say that you were convicted of a few misdemeanors and everything was dismissed. If meant to say that you were charged with a few misdemeanors but those charges were dismissed without a conviction, then the answer to your question is very different than if you were convicted of those crimes as part of some deal where you agreed to pay some fines or engage in some restitution or the like.

    If you were arrested but never convicted, then you did not make a false statement and you have nothing to worry about. In fact, except for certain government security jobs, the employer cannot even ask you about arrests that did not result in convictions.

    If you were convicted (i.e., a plea bargain or a trial with a judgment against you) then you have made an untrue statement and you can be terminated for doing so.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  4. When they finger print you and run the DOJ report an error is going to come up and your employer will likely find out about it of a possible record. I assuem your taling to your attorney and follow their instructions. Howver, it might be best to come clean on the misdemeanors, but be ready to be dismissed as a candidate. DOJ clearance is likely required for employment anyways. So, based on the crime, you would not have been hired regardless if disclosed. I don't see anyting criminal about the disclosure issue as it could be a mistaken and I not see that any crime took place in the application process.

    This email does not create an Attorney-Client relationship.

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