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Will this show up on a live scan and will it affect my chances of getting licensed as a Pharmacist?

Sacramento, CA |

When I was 14 I was arrested for petty theft at a store for about 70 dollars. I was fingerprinted and everything. They told me to wait for a notice in the mail for my court date. I received a letter that just told me that my case was dismissed, so I never had to appear in court. I will be getting my record sealed when I am 18 years old. I have been an honors and AP student for years now, but from some stress and family problems I made a wrong turn and I don't want this one thing to affect my future career as a Pharmacist. I already know that in order to apply for a license I would have to go through a live scan and I have to be prepared for that, but what I did was an honest and one time mistake. I hope that I can receive some thorough answers please. Thank you very much.

I had paid a 300 dollar fine, but I was not sentenced to anything. My case was immediately dismissed for a reason that I am unaware of. My main question is will a sealed record show up on a live scan because I heard from some lawyers that it doesn't and I really just want to be reassured. Thank you once again.

Attorney Answers 3

Posted

It will probably show up, but doubtful it will be a problem for you. You were DETAINED not ARRESTED if no case was ever filed.

The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.

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Posted

Even if I seal it, it will still show on a live scan?

Posted

You were booked, so your identifying information was uploaded into the DOJ database that Livescan accesses. My anecdotal information from clients suggests, for you, that this run in with police will appear on Livescan. There will be no court case associated with this, but it will appear.

Having the record sealed does not bar Livescan from reporting anything. Sealing a record just means that if there were a case, no one could look at the case documents without permission from a judge.

What I would do if I were you is look into filing a petition for factual innocence to have the record of the detention destroyed so it is removed from the DOJ database and then Livescan cannot report it or see it either. Under 851.8 of the Penal Code, one may ask for a finding of factual innocence. This forum is perhaps not the best place to give you the full explanation of how it works. My website has a little article on it that you can read and understand how long it takes and how hard it is to get.

Good luck with your career and keep taking all the college level courses you can.

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Posted

The arrest will probably be on there. I think that if you are upfront about it and tell them the circumstances, or even just attach what you wrote above, you will be fine.

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