Legal Question in Criminal Law in California

I have been trying to get a job but my background check has been in the way. For some reason, my background check shows 2 offenses(misdemeanor and infraction). I thought this was odd so I went to the Alameda court. They said the background check companies are have incorrect result and should only show and infraction. They advised me to contact an attorney. I was convicted of petty theft. How do i get rid of this problem?


Asked on 8/15/09, 12:19 am

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Petty theft is usually a misdemeanor in California, so why would misdemeanors such as petty theft are not supposed to show up on a background check performed by such a company? That does not make a lot of sense to me. Maybe the clerk was talking about something else. Or maybe you're saying your petty theft was charged as an infraction because the value of the property taken was $50 or less and you had no other theft conviction, see Calif. Penal Code section 490.1(a). If that was the case, then yes, an attorney could be retained to find out why the background check company's database has your conviction shows up erroneously as a misdemeanor.

Larry L. Doan, Esq.

https://www.lawguru.com/cgi/bbs/attyPages/liem.html

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Answered on 8/15/09, 4:19 am


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