Is it true that the day a UD is filed against a person, the UD will show up on the person's background check?
Family Law Attorney
In California, UDs are subject to restricted access for 60 days. You don't give enough information for a thorough answer on whether the UD will be public; however, California Code of Civil Procedure section 1161.2 outlines the restricted access provisions.
This answer is provided for general informational purposes only and is not offered as and should not be treated as legal advice. This answer also does not create any attorney-client relationship. Every situation is different and you are urged to consult with an attorney.
1 lawyer agrees
Employment / Labor Attorney
Keep in mind that it is pretty easy to find any kind of lawsuit that is filed against you because lawsuits are public records. There are very cheap and easy to use databases that can locate lawsuits of any sort filed against you. Depending on the kind of background check being used, it may or may not show up.
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.
1 found this helpful
1 lawyer agrees
I agree with my colleague that, unless ordered otherwise, a UD is unmasked after 60 days and will become a matter of public record. Whether a UD will show up on a background check prior to expiration of the 60 day period is anyone's guess. It depends on the thoroughness of the check and whether it includes non-public sources such as interviews with your friends and associates, including your landlords, and non-public commercial sources such as data bases compiled by landlords.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice or counsel. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
1 found this helpful