Legal Question in Criminal Law in California

I've been working at the same company for years now. In order to promote me they must do a background check. Recently I was caught for petty theft, but the charge and conviction was changed to trespassing. Will the details of the police report and other details come up on the check for them to see what I was originally caught with?

Asked on 9/30/09, 4:43 am

2 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Generally speaking, only the trespassing conviction, not the original theft charge, would show on most background checks a private nongovernmental employer would run. Please do not treat this reply as any guarantee of course. Cross your fingers and hope for the best.

Jacek W. Lentz, Esq. 213.250.9200

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Answered on 9/30/09, 12:35 pm

Terry A. Nelson Nelson & Lawless

Only the conviction charge will show, forever. However, many convictions can be 'expunged' by proper application and Motion to the court, if you completed all terms of probation, and if you have 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 employment applications. If you’re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 9/30/09, 5:58 pm

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