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    Marzella912's Avatar
    Marzella912 Posts: 5, Reputation: 1
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    #1

    Dec 1, 2011, 04:03 PM
    Will a dismissed/expunged charge for petty theft larceny show up on a first advantage
    My current employer Wells Fargo is about to start finger printing and a third party agency First Advantage will be doing the background check. Since being. Hired I was charged for petty theft larcency. The charge was dismissed and I paid to get it expunged. I was never arrested or finger printed. Can they see or request my record through NCIC? Will this charge show even if expunged. I really don't want to lose my job.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Dec 1, 2011, 04:06 PM
    Quote Originally Posted by Marzella912 View Post
    My current employer Wells Fargo is about to start finger printing and a third party agency First Advantage will be doing the background check. Since being. Hired I was charged for petty theft larcency. The charge was dismissed and I paid to get it expunged. I was never arrested or finger printed. Can they see or request my record through NCIC? Will this charge show even if expunged. I really don't want to lose my job.

    You were charged but never formally arrested? If you were charged you WERE arrested. The Police can either drag you off to jail OR give you a ticket to appear - so I'm a little confused about that.

    Yes, depending on how thorough - and I understand WF is very thorough - the background check is the fact that the charge is dismissed will show.

    BUT why was the petty theft larceny charge dismissed? Someone else was arrested? You were innocent? You paid whatever was alleged to have been stolen?

    I don't understand the "paid to get it expunged" part. It was either dismissed and didn't need to be expunged or something else.

    I'm not sure you understood what your Attorney or the Judge was saying to you. Paying to get a false charge expunged is highly unusual because it was a false charge and can be explained.
    Marzella912's Avatar
    Marzella912 Posts: 5, Reputation: 1
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    #3

    Dec 1, 2011, 04:13 PM
    I was never arrested. I had to take a behavior class to get it dismissed then once dismissed I got it expunged. The police was called to tge grocery
    Store and I was issued a citation
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Dec 1, 2011, 05:43 PM
    Quote Originally Posted by Marzella912 View Post
    I was never arrested. I had to take a behavior class to get it dismissed then once dismissed i got it expunged. The police was called to tge grocery
    Store and I was issued a citation
    A citation IS an arrest - you took the behavior class as a result of the arrest.

    Your arrest will show up.
    Diva01's Avatar
    Diva01 Posts: 3, Reputation: 1
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    #5

    Jan 24, 2012, 02:30 PM
    Hello I also work for wells fargo and background checks are coming up. I was convicted of a petty theft infraction 3 years ago and I need to know if anyone knows does infractions also show up on background reports? I just talked to the court clerk and they said it wasn't a misdemeanor or felony just an infraction so if the questions are asked have I been convicted or a misdemeanor or felony I would enter no but I am wondering will this infraction show up?
    Marzella912's Avatar
    Marzella912 Posts: 5, Reputation: 1
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    #6

    Jan 24, 2012, 02:54 PM
    I really wish I knew. I go to get fingerprints done this Thursday. I just pray nothing shows up and I can keep my job. Thid has been haunting me. I hope you are okay. I would answer No. I did.
    Diva01's Avatar
    Diva01 Posts: 3, Reputation: 1
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    #7

    Jan 24, 2012, 03:28 PM
    I hope you are as well. WEll please keep me posted on what happens. Us team members have not received the email to do our background as of yet so I'm praying it won't be until later so I can try and have this infracion removed completely since now the courts are offering that option for those types of things but yet and still I don't know how the question is asked on the background form. Does it state have you ever been convicted of a felony or misdemeanor or have you ever been convicted at all regarding theft? I was told by the court clerks if it ask for misdemeanors or felonies I am to check no because mine was not either of those but still Im so paranoid and this is haunting me 3 yrs later and I surely cannot afford to lose my job. Our checks are suppose to begin next week but only supervisors have received there information to fill out so I don't know when we are going to start ours but I'm praying for the best outcome for us both!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Jan 24, 2012, 03:36 PM
    Ok, a real important issue, if you were given a ticket, that is considered under law as a "arrest" you were allowed to just appear in court. You can not go before the judge or do a plea deal unless you are "arrested"

    So yes you were charged ( arrested) for the crime.

    Next a explunged record in the US is still on the record, but just not visible to non government and non national security searches.

    The other issue is are they doing government searches, or will they be doing other searches, many private companies have other data bases they use. So it is very easy for an explunged item to show up though private companies. They are not required to explunge anything, Once in their records, it stays there, so if they ever got your record ( prior to being explunged) into their data bases it is there.

    So until they run the check, there is no way to know what it will show up.
    Marzella912's Avatar
    Marzella912 Posts: 5, Reputation: 1
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    #9

    Jan 24, 2012, 03:52 PM
    The background check is conducted by a 3rd party named First Advantage. The email is titled background and FBI fingerprinting. So I don't know if they are checking our background by our fingerprints or doing a background then running our prints through the FBI database. What I want to know is it a conviction if it was dismissed. Is that
    Diva01's Avatar
    Diva01 Posts: 3, Reputation: 1
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    #10

    Jan 24, 2012, 04:03 PM
    OK I see. I haven't received it yer but I do know they are printing on different days at different sites. Have you contacted the courts to see if it shows in there database or the DA office for the city you were originally convicted in? If not try that to see if its still showing that's what I did and also ask them what should you answer when asked that question. They should be able to give you much more accurate information because I see and understand your concern. I have contacted both the court and da today. I'm just hoping the question is worded have you ever been convicted of a misdemeanor or felony because if that's the question I haven't been but I'm not sure of what it ask I have only been given bits and pieces of information so far.. if I get more info ill let you know
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    Jan 24, 2012, 04:13 PM
    Ok Fingerprint check is just ID check, the Fingerprint will be done though a FBI data base in the US normally.

    Then it confirms if there were any other names you were know under.

    Then they do those names ( if there are others) though data base, That is your issue here, what data base, do they use the NCIC government one, or will they use a data base from a private company.
    tsimpo12's Avatar
    tsimpo12 Posts: 1, Reputation: 1
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    #12

    Aug 5, 2013, 08:42 PM
    I was charge for petty theft I was not arrested or given a ticket. I did 24 hours of community service and the case was dismiss this is my first issued. Will it shows on my record or background, I have a series 7 license do I need to disclose on U4

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