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-   -   Petty theft and livescans (https://www.askmehelpdesk.com/showthread.php?t=279972)

  • Nov 12, 2008, 12:37 AM
    coccinelle
    Petty theft and livescans
    I was stupid, young and troubled enough to have been involved in two petty theft crimes that happened 19 and 17 years ago. One I believe has gone into my record as trespassing which I guess is better as far as what I remember the lawyer telling me at the time. I have not engaged in any illegal acts since and about 6 years ago, I requested an expungement which was granted. I have currently been made an offer for which a livescan is required and I am very afraid that the opportunity will be jeapordized.

    I would appreciate it if you could tell me if these would show up on the livescan or not.

    Thank you.
  • Nov 12, 2008, 02:37 PM
    billkyriakakos
    Yes, unfortunately the charge when you were 19 will be on your record. If at least 2 years old, you can petition the court to expunge it from your recored, but it will always be in the livescan database. Since the charge is only a misdemeanor, if you are honest about it up front, the employer may work with it. But if you lie and they find out, you will automatically be disqualied from any consideration for employment.
  • Nov 12, 2008, 03:56 PM
    coccinelle

    The misdemeanors were from 19 and 17 years ago and I did petition the court to expunge them about 6 years ago and this was granted. Given how long ago this was and that that it has been expunged, would it still show up on the livescan? I read somewhere that certain misdemeanors do not show up in livescans after 10 years and when they have been expunged. Is that true or not?

    Thanks.
  • Nov 13, 2008, 02:35 PM
    billkyriakakos
    Yes, the courts destroy all arrest records of misdemeanors after 10 years, however they will always turn up in the livescan. Even a presidents or governors pardon doesn't remove prints from the system. Exspungements are better than nothing but for state credentials and jobs, they still must be disclosed but having them exspunged still looks better. The fact your charges are so old and minor, I really doubt any employer would have a problem with them as long as you were honest about them. Don't lie on an application but if the interviewer is going off your resume, let them hire you first and before you go get fingerprinted, go back to the person who hired you and tell them what's on your livescan. Most likely in this case they will appreciate your honesty and not hold them against you. Now if you robbed a bank a few years ago obviously it would be held against you. I know about these thing because I'm a teacher with a criminal record and I've had to be fingerprinted. Some times I was turned down and other times I was hired. The key is never to get discouraged.

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