Does a misdemeanor theft conviction show on an employment background check?

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Does a misdemeanor theft conviction show on an employment background check?

Asked on June 30, 2015 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A misdemeanor will appear on your criminal history record. Consequently, it would probably show up on any standard employment background check.

That having been said, if you were convicted of a�misdemeanor but�were not sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation, you can petition for�something called a�"dismissal". In otherwords, you were given county jail time, probation and/or a fine. If you successfully petition for a dismissal, the court may withdraw your guilty plea/verdict and enter a not guilty plea. It will then set aside (i.e. dismiss) the conviction. Thereafter, you will no longer be considered to have been convicted of the offense. Your record will be changed to show a dismissal instead of a conviction.

And in CA, an employer can't ask a job applicant about an arrest that did not end in a conviction. Additionally, an employer is also not supposed to look for any record of arrest that did not end in a conviction. If the employer�finds out about it anyway,�it can't use that information�for the�purposes of hiring, promoting or�firing that person.

Here is a link to a site that will explain further:

http://www.courts.ca.gov/1070.htm


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