Will a misdemeanor offense show up on a background check? 13 Answers as of July 20, 2012

i was convicted of a misdemeanor offense on March 1st, 2004.... when I try and get a job, will that offense show up on a backround check

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Depending on what you mean when you say "background check" since this term has many meanings. Your convictions will show up on your automated criminal history maintained by the Dept. of Justice if you give permission for your employer to gain access to that and of course will be part of the records of the court in which you were convicted.
Answer Applies to: California
Replied: 7/20/2012
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
Yes, misdemeanors show up on most, if not all, background checks. You may want to get an expungement to clear these off your record per 1203.4. You can do this yourself or you can hire an attorney (the rate is anywhere from $300 to $2000 to hire a someone who knows how to handle one of these motions).
Answer Applies to: California
Replied: 4/26/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Records are forever. That includes ALL arrests, and ALL convictions. Background checks, like criminal records, go back to 'forever'. However, while the general rule is Records are forever, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear , 'remove' or erase the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn't disappear. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense.
Answer Applies to: California
Replied: 4/20/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
In the conviction for a misdemeanor offense will show up on a background check. It will help immensely if you get that misdemeanor conviction expunged. It would be best for you to consult with and the attorney In person or on the phone to have this done.
Answer Applies to: California
Replied: 4/20/2012
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
It's possible. It depends on how thorough a background check the employer pays for. You really should get an expungement just so you don't worry anymore. Our office does them often and charges a flat $1500. Good luck.
Answer Applies to: California
Replied: 4/20/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    Yes, it will show. If you're afraid that the conviction will stand in your way to better employment, you should consider filing a 1203.4 petition to dismiss the conviction. It's a fairly simple process. Some people handle it on their own. Others prefer the peace of mind in hiring an attorney to handle it.
    Answer Applies to: California
    Replied: 4/20/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Possibly. Get it dismissed pursuant to PC 1203.4
    Answer Applies to: California
    Replied: 4/20/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    Probably, depending on the type of search that is done.
    Answer Applies to: California
    Replied: 4/20/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Yes, unless you file a 1203.4 form to get the case dismissed. You can only do that if you went through probation without a problem. Even so, you still must divulge the conviction if you are applying for many government jobs and licenses.
    Answer Applies to: California
    Replied: 4/20/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    It sure will. But to be sure go to a local police station and tell them you want your C.I.&I. which is what California calls a "rap sheet". It costs some (it used to be $10 but probably much more now) and they take your prints and then give you your C I and I. Then you can see what shows up. Also, google yourself and see if it comes up there.
    Answer Applies to: California
    Replied: 4/20/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Assuming they do any sort of reasonable check, yes it will. You can apply for what's commonly known as an "expungement" - it doesn't erase anything from your record, but it retroactively dismisses your case and allows you not to have to disclose it and technically it can't be used against you for *most* private employment. A local criminal defense attorney can assist with the process for a reasonable fee.
    Answer Applies to: California
    Replied: 4/19/2012
    The Hashemi Law Firm | Babak Hashemi, Esq.
    Most misdemeanor offenses will show up on a background check. Additionally, even if the offense is not charged, the arrest and underlying penal code will appear in a background check. However, misdemeanors may be expunged.
    Answer Applies to: California
    Replied: 4/19/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    A check should uncover the misdemeanor conviction.
    Answer Applies to: California
    Replied: 4/19/2012
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