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

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)

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Attorney answers 5


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.



even if they wrote down my name and address and kept it on walmart file? i understand my mistake in the past year and a half, and i really need this job. i really want to make sure it is not on my record


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?


No conviction, no record.


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.

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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 all the facts. Additionally, my response does not create an attorney-client relationship. If you require further assistance, please contact an attorney privately.

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