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Will it show up on a employee background check?

Riverside, CA |

about 4 months ago i was charged with 490.5 and was offered a diversion program. My public defender told me to plead guilty and after that i was offered the program which i atended and got my case dismissed. my question is if anything will show up on a backgrouncd check? if it did what would it show up as? and will this affect me with trying to get a job? should i get an expungement? thanks

Attorney Answers 4

Posted

You can expunge it and the official records will be destroyed, but the internet will have a record. There are sites like mugshots.com that list all arrests. A google search will turn those up. Run your name on google. Expunction orders do not affect those sites.

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Christine C McCall

Christine C McCall

Posted

Can't "expunge" in CA. If one could, it would still not be possible to expunge something already dismissed.

Posted

In Riverside the DEJ is a program that does not result in a conviction. You plead guilty, and continue the sentencing 90 days until you finish the 1 or 2 day "theft skills" course. After 90 days, when you return to court and have completed everything and no new offenses, the charge is dismissed. There is nothing to expunge because there was no conviction.

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Asker

Posted

so can i put no on an application stating that i did not plead guilty even though i did? my record still shows up in the public records section of the riverside superior court website.

Stephen Troy Allen

Stephen Troy Allen

Posted

job applications ask about convictions generally.. so technically, you have never been convicted even though you pled guilty. You have to be "sentenced" to be convicted. In your case, there was no sentencing. The records should say dismissed under the riverside court site. If this was recent, it may take some time for the clerks to update. Email me if you have any questions or concerns. I am always in the riverside courts!

Posted

I agree with my colleague Mr. Allen-- there's technically nothing to expunge. However, one of the persistent issues we deal with in the criminal defense community is that people who aren't convicted of any crime (like yourself) still have their prior arrests, etc. show up on background checks. I'd say you could consult with an employment law attorney on this point, because technically employers aren't supposed to be doing background checks which reveal arrest history, or so I've been led to believe-- but that's not a great solution for most people. It's one of those things where you're not going to get off on the right foot with an employer if you're arguing about whether they acted lawfully in doing a background check...

Any answer provided on Avvo, including this one, is a general answer about a legal question, not specific legal advice. Different lawyers may analyze this or any other matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am licensed in the state of California and the Central District of the Ninth Circuit.

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Posted

There is no expungement in California -- only post-convcition dismissal under P. C§§ 1203.4 and 1203.4(a), and you will have nothing to dismiss once you have completed your program.

The arrest and the charges and the fact of your diversion and the result of that diversion will all be reported on your CA Dept of Justice criminal history (Live Scan report). Order your own copy if you would find that helpful.

CA statutes prohibit employers from using arrest info, but the statutes are admittedly not highly effective. Some employers may ask about it -- usually out of ignorance. Be prepared to turn that around positively if you are asked, as legal claims for this error are difficult and often don't lead to a sufficient recovery to make the litigation worthwhile. And a job is almost always better than a claim of legal violation.

You will not have any conviction to disclose if you complete you program successfully.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal 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 joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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