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Will a dismissed petty theft infraction show up on a DOJ & FBI Live Scan report? If it matters, I will be working with children.

Hayward, CA |

I was arrested for petty theft at age 18 in Alameda County in May 2010. The charge was originally filed as a misdemeanor, but was dropped to an infraction which I plead no contest to. I paid a court fine and was not placed on probation. On May 3, 2013 my case was dismissed. I know from prior background checks (before it was dismissed) that it shows up on a background check. Now that it is dismissed, I know that I can legally answer no to questions on job applications about criminal charges. I will be graduating college in a month and I got offered a job working as an aba therapist for children with learning disabilities. I want to know, now that the charge has been dismissed, if it will show up on a live scan and, if so, what will it say? (Petty theft? dismissed? date it was dismissed?)

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Attorney answers 1


Typically this matter will be reported on your Live Scan (Dept of Justice) record. The DoJ record will show the date of the incident, the location, the courthouse, court case number, etc. It will show the plea, the sentence, the reduced charge, and all conditions of probation. It will show the subsequent dismissal and the statutory basis. It will not include a narrative. Nothing is deleted or erased because of a P. C. 1203.4 Petition. The record is, instead, supplemented with the entry of post-conviction dismissal.

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