Will a summary offense show in a criminal background check? 5 Answers as of October 05, 2010

If I was charged with 2 counts of drug possession of a controlled substance not in its original container, and a possession charge for paraphernalia. But the charges were withdrawn and consolidated into a summary offense for disorderly conduct. Will a prospective employer not hire me?

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The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
A criminal background check should reveal only convictions for offenses. However understand that most arrest records are accessible by an employer as well. A lot depends on the company and how deep of a search they conduct.
Answer Applies to: California
Replied: 10/5/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
That is up to the employer. Your background check will show the arrest charges, and the conviction charge[s].

Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be expunged by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not remove the conviction, but merely changes the record to show conviction reversed and dismissed by expungement. If expunged, you would be able to say no to conviction on most private employment applications. However, the conviction is still a prior for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you are serious about doing so, and you think you qualify, feel free to contact me for the legal help you will need.
Answer Applies to: California
Replied: 10/4/2010
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
If the disorderly conduct was a misdemeanor, then yes, a prospective employer see it. As for whether he/she will hire you, your guess is as good as mine. Consider hiring a lawyer to have the conviction expunged.
Answer Applies to: California
Replied: 10/4/2010
Desert Defenders
Desert Defenders | John Jimenez
Whether a prospective employer will or will not hire you is up to the employer. The offense will show up on your record during a pre-employment check, if one is done.
Answer Applies to: California
Replied: 10/4/2010
The English Law Firm
The English Law Firm | Robert English
It depends on who is doing the background check and for what purpose. Often with background checks, even an arrest might show up. You may want to consider trying to expunge the conviction if that is available in your jurisdiction. Contact an attorney to discuss your matter in greater detail.
Answer Applies to: California
Replied: 10/4/2010
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