Will a 490.5 penal code show up on my background check for employer?

Asked about 1 year ago - Victorville, CA

stole from Walmart. got a "law offices of palmer reifler & associates PA" letter saying i was a pursuant for penal code 490.5. when i shoplifted i was 17, no police was called nor was i convicted of anything i was lucky enough to get off with a warning and a fine from penal code 490.5 which was 500 dollars, they just wrote down my name, address, age and birthday. . basically now im 18 im being hired but they are checking my background, will this affect my chances of getting the job? will it show up on my background check once they receive it? please i need an answer i have completely lost faith of getting this much needed job. (by the way, the store; Ross, orders a criminal record background check)

Attorney answers (5)

  1. Joshua Peter Visco

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . You do not have a criminal record, therefore nothing will show up on a criminal background check. Throw the civil demand letter in the trash, it's highly unlikely that'll they'll sure you for theft.

  2. Peter John Marek

    Contributor Level 19

    4

    Lawyers agree

    Answered . Mr. Visco's answer is spot on. You have never been convicted therefore you do not have a criminal conviction and you will never need to file for an expungement. Go to a LIVE SCAN location and to an electronic fingerprint background check. Total cost $40.00. It will take about a week to two to have the results mailed directly to you. SEEING IS BELIEVING. Good luck. You can google live scan for locations. Hope this Help?

  3. Michael Douglas Shafer

    Contributor Level 20

    3

    Lawyers agree

    Answered . No conviction, no record.

  4. Christine C McCall

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If the store victimized by the initial shoplift entered the facts of your previous allegation into one of the privately-maintained retail data-bases (very likely), then you could have a problem because the present prospective employer is a contributing and active member of the industry-wide private data-bank. There is no reliable way to find out in advance whether the info was retained in the private data-base or whether the prospective employer will make a query of that data.

    My colleagues are right that if you were never arrested and booked, and you were not subjected to the critical element of finger-printing, you do not have a criminal record in the state of California. But prospective retail employers almost never notify employment applicants about the element of the hiring process that involves a check with the private retail data-base.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  5. Jeremy C Wen

    Contributor Level 10

    2

    Lawyers agree

    Answered . If you were never arrested, let alone convicted, then it will not show up in a criminal background check.

    Nothing said here shall be construed as legal advice. I can not effectively advise about your case without knowing... more

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