Pre-employment background check

Asked 10 months ago - Sun City, CA

I am up for a job working at wells fargo and they dont hire anyone with a theft background. When i was 17, 4 years ago, i was caught shoplifting from a store. I wasnt arrested or fingerprinted. I just paid a ticket. Will this show up on my background check? They do a fingerprint FBI check. But since i was never fingerprinted will it come up? Or do they have other ways to find it like ssn? thanks

Attorney answers (4)

  1. Marilynn Mika Spencer

    Contributor Level 20

    5

    Lawyers agree

    Answered . There are different levels of background checks. Background checks can be superficial or can be detailed and intensive. It all depends on what the employer wants to pay for. Intensive background checks are more likely in certain kinds of jobs, and the areas investigated may vary with the type of job involved. Here is a brief overview:

    In California, private and public sector employers and state licensing agencies most often use the California Live Scan (CLS) for a criminal background check. The CLS is inexpensive and takes only about 72 hours. You can request your own CLS check by providing your fingerprints and the $25 processing fee to the California Department of Justice, and following the instructions here: http://oag.ca.gov/fingerprints/security.

    In all states, court records are a common source of information for background checks. These records are open to the public and anyone can gain access to them. Many court records are available on the Internet and can be found easily and without charge. If you have been a party in a lawsuit (plaintiff, defendant, appellant, respondent, complainant, etc.), that information will show up in this kind of background check.

    If an employer conducts a criminal background check, it will probably reveal all adult arrests and convictions for misdemeanors or felonies. Other related information will show up, too, such as diversionary programs, pre-trial intervention, conditional discharges and more. In some states, part of this information can be removed from public records by a process called expungement. Not all criminal records can be expunged. In California, there is no option to expunge criminal records. You may be able to set aside the judgment per Penal Code section 1203.4 or perhaps seal the record per Penal Code section 851.8. These options should be discussed with an attorney in a confidential meeting.

    Expect that anything easily available in the public records will show up in a background check. This includes bankruptcies, residential property ownership, names of officers of corporations, and more.

    Also, a lot of information can by found by a simple Google search. Try searching for yourself on Google. Put your name in the search box within quotation marks. Do a separate search for each nickname you have. For example, if your name is Oliver Wendell Holmes, you might search for yourself under all these names:

    "Oliver Wendell Holmes"
    "Oliver Holmes"
    "Wendell Holmes"
    "Ollie Holmes"
    "Olly Holmes"
    "O. Holmes"
    "O.W. Holmes"

    Finally, background checks may contain incorrect information. For example, many employers use a service to conduct background checks; some of these services operate outside the country and may have little incentive to ensure accurate results. Also, some services arrange information in a confusing or misleading manner. Plus, clerical or other errors interfere with accuracy. If an employer conducts a background search on you and finds inaccurate information, you will probably never know and never have the opportunity to correct it. You just won’t get the job. For this reason, you may want to purchase a good-quality background check on yourself to see what is out there and what you need to do to correct information at the source.

    @MikaSpencer * * * twitter.com/MikaSpencer * * * PLEASE READ: All legal actions have time limits, called statutes... more
  2. Neil Pedersen

    Contributor Level 20

    2

    Lawyers agree

    Answered . You likely were charged with an infraction of the law, as opposed to being convicted of a crime. Usually a ticket would suggest this. However, without knowing more about the ticket, and what it was based upon, it is not possible to tell for sure.

    At this point, your best approach is to wait and see. Nothing you can do will change the outcome at this point. Good luck

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  3. Stephen Ross Cohen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Asked and answered previously.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  4. Stephen Ross Cohen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Asked and answered previously.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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