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Will a pending misdemeanor for petty theft show on a criminal background check if I have not yet been convicted?

Antioch, CA |
Filed under: Criminal defense

I have 2 little kids and was going thru some hard time(financially) and in desperate and stupid mood I went to target and shoplifted in the amount of $128 which of Course was stupid of me and I regret every sec of my life becuz I am afraid of getting any criminal offense on my record because I work as a caregiver/CNA. Am wondering if a pending misdermeanor case will appear on my background check, if so can I still get hired as a caregiver/CNA with that being on my record?

Attorney Answers 3

  1. The Board of Nursing will still see the arrest. They can use an arrest against you as evidence of bad acts, which may require some explanation on your part prior to receiving the professional license.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

  2. The Department of Public Health Licensing & Certification certifies caregivers and CNAs. The Board of Registered Nursing certifies nurses. A background check will show that you have been arrested.

    The application for certification asks only for convictions. It would be a good idea to retain an attorney to see if you can get a delay of your sentencing for, say, 6 months while you go to a theft class and maybe credit counseling or something to give you the tools to not do this again. f you can show the court that you have successfully done this kind of thing, the DA might agree to dismiss the case. Your lawyer will be local to your court and know better how these things are handled.

  3. There is no point in entertaining multiple disparate responses from attorneys here on Avvo about what will or won't appear on your criminal record. Order your own copy and you will have your answer. Google "CA Live Scan" for hundreds of outlets where you can order your State record -- fast, cheap, reliable. In most cases, there will not be any entry that is not finger-print based.

    When you go to court, you may be required to submit to finger-printing. That will put the pending case on your record within a few days and will cause an immediate notification to your state licensing agency (CA Dept of Public Health). Depending on when your license is up for renewal, you may get a disciplinary notice in the mail from your licensing agency, or CDPH may wait for you to self-report as is required whenever your renew your State license. Do not fail to make an accurate self-report -- that is a much more serious license offense than the present misdemeanor.

    If you are prosecuted and convicted, by plea or by trial, expect CDPH to treat this offense seriously. Theft offenses are very troubling to all of the State health care licensing agencies because so many of the clients of those licensees are impaired and vulnerable theft and other kinds of fraud and deception. In most instances, a State licensed health care worker will be placed on license probation for a theft offense.

    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.

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