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Will my dismissed case show up on LIVE SCAN?

Asked Jun 26, 2007, 06:46 PM — 4 Answers
I have an excellent job opportunity that has come up but requires LIVE SCAN and a background check. My concern is that I have a past conviction (theft) that was eventually expunged/dismissed by my lawyer and a plea of not guilty was entered. The expungement was granted by the court about 10 years ago. I would like to know if this will show up in LIVE SCAN or/and a background check? If it will, what how do you suggest I answer to the employer's question "have you been convicted of a crime?". I would hate to loose this job opportunity as I really need a job to place food on the table for my family.

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4 Answers
Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#2

Jun 26, 2007, 06:52 PM


I am sorry I don't know who "live scan" is. There are 100's if not 1000's of background check companies, some research deeper than others.

There is an official background check done though the police, on that, no expunged or dismiss.

Next a criminal charge that is dismissed can't be explunged, only charge where you were found guilty can be explunged. If a case was appealed and latter found not guilty, you are not guilty, and it would show up as not guilty.

Now with the internet, and all of the online records that can be researched though courts, some updated properly, many not updated since they are not governmental records, but merely various other records.

So it is hard to say what a private investigation firm can or can nto find,
But if you charge was dismessed, then you were never found guilty,

It if was explunged, you were found guilty, but the charge was sealed basically
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kabaks's Avatar
kabaks Posts: 2, Reputation: 1
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#3

Jun 26, 2007, 07:10 PM
LIVE SCAN is fingerprinting. It's used by licensing agencies that I know of.
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kimonogirl's Avatar
kimonogirl Posts: 4, Reputation: 1
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#4

Mar 8, 2009, 10:18 AM
Fr_Chuck: I need clarification on this statement: "Next a criminal charge that is dismissed can't be explunged, only charge where you were found guilty can be explunged. If a case was appealed and latter found not guilty, you are not guilty, and it would show up as not guilty."

Why can't a dismissed case be expunged?

Why do you say that a case with a guilty plea can be expunged?
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JudyKayTee's Avatar
JudyKayTee Posts: 45,342, Reputation: 23508
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#5

Mar 8, 2009, 10:39 AM
Quote:
Originally Posted by kimonogirl View Post
Fr_Chuck: I need clarification on this statement: "Next a criminal charge that is dismissed can't be explunged, only charge where you were found guilty can be explunged. If a case was appealed and latter found not guilty, you are not guilty, and it would show up as not guilty."

Why can't a dismissed case be expunged?

Why do you say that a case with a guilty plea can be expunged?


Please do not post on multiple threads and please do not piggyback - this is very confusing for people trying to answer you.

Livescan is technology that IMMEDIATELY sends fingerprints to an agency - it is part of a background check in the same way that standard fingerprinting is part of a background check. Obviously your son's fingerprints will be found on file.
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