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    mistyeyed1's Avatar
    mistyeyed1 Posts: 2, Reputation: 1
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    #1

    Oct 13, 2011, 11:20 PM
    Will EXPUNGED conviction show up on Live Scan finger print background check?
    I have a conviction that was expunged. The conviction is from 2002. I have to do a Live Scan fingerprint background check for a very good job opportunity as I am a social worker and work with troubled youth. (the conviction was nothing related to children, abuse, or sexual misconduct). Does anyone know in California, if Expunged convictions will show up on a Live Scan fingerprint check? Please let me know. Thank you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 14, 2011, 03:32 AM
    It shouldn't
    mlynnc72's Avatar
    mlynnc72 Posts: 3, Reputation: 1
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    #3

    Oct 17, 2011, 03:49 PM
    My husband's expunged conviction just showed up on his live scan results and he lost that job opportunity, so yes it can show up. Unfortunately, DOJ says that it will only say "conviction set aside; dismissed" so if the idiot reviewing the results doesn't know what that means, you could lose your shot as well. If that happens, file a complaint with the fair and housing and employment agency because employers are not supposed to be allowed to use expunged convictions in employment determinations. Good luck!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #4

    Oct 17, 2011, 03:56 PM
    This is how it works, first a "live scan" is a Identity check, it will show if you have ever been fingerprinted and if you had other ID's.

    Then they use that ID to run a NCIC background check.

    These checks will show to the police and government authorities any and everything that is done, so yes it will always show explunged reports.

    Now this is the issue, the people who run it, are to black out and not give out any explunged records to anyone that is not government authorities or national security checks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 17, 2011, 04:09 PM
    Quote Originally Posted by mlynnc72 View Post
    My husband's expunged conviction just showed up on his live scan results and he lost that job opportunity,
    How do you know this? Did you actually see the report of the "live scan"? Or did someone just tell him about it? And what type of job was he applying for?
    mistyeyed1's Avatar
    mistyeyed1 Posts: 2, Reputation: 1
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    #6

    Oct 18, 2011, 07:23 AM
    I am going in today for my Live Scan so I guess I will report if I get denied employment to you for your reference.

    A little discouraged only because I was young and it was a stupid mistake but it seems like its going to affect every opportunity I have for the rest of my life.

    Thank you everyone for your responses, I guess I will find out when I get the Live Scan done.
    mickeydo's Avatar
    mickeydo Posts: 1, Reputation: 1
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    #7

    Dec 22, 2011, 05:53 PM
    You have nothing to worry about.

    The state of California has mandated that only records related to the following categories are revealed by Live Scan:

    1. Crimes relating to child abuse or elder abuse
    2. Sex Offenders
    3. Convictions or incarcerations in the last 10 years as a result of committing: theft, robbery, burglary or any felony

    Although, I have read on other sites that California is only allowed to report criminal convictions for 7 years.
    Full background checks are only available for things like state licensing
    mlynnc72's Avatar
    mlynnc72 Posts: 3, Reputation: 1
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    #8

    Dec 22, 2011, 07:55 PM
    To ScottGem: my husband applied for a school custodian position and was offered the job but they said they were just waiting on his livescan report before issuing him an id badge and employee number. The HR clerk called him two days later and told him they were rescinding the employment offer because "something came up on your livescan". It's my understanding that no one gets to see that report, only the requesting agency can, and my husband will have to request his own report, for another fee, to receive the report himself.

    In California, employers are not supposed to be able to deny employment for an expungement. I understand that public school districts may have stricter policies, but if Education Code says that a convicted felon who served prison time and is not eligible for an expungement but has been granted a certificate of rehabilitation or a pardon cannot be denied employment based solely on that prison record, then I would certainly think that a person with an expungement would be eligible for employment at a public school district, since one of the requirements for an expungement is that no prison time was served and it is the legal equivalent of having never been convicted in the first place. A person whose record has been expunged is legally no different than a person who was arrested and the charges were dismissed.

    Our frustration is that this school district used that expungement to deny employment and we don't think they're allowed to do that. We already have an attorney working on it to see if my husband has any recourse at all.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #9

    Dec 22, 2011, 08:08 PM
    How do you say life is not fair sometimes, I have a man, has been working at my dojo for about a year. He was a former gang member, but now 15 years latter turned his life around and is an ast pastor. I am going to have to let him go at the end of the month, why, my insurance carrier will not give my school coverage for sexual molstation with him working there. His only crimes were 15 years ago and were drug related. But unless I let him go, I can't get the insurance I have to have to stay open.

    I have challenged them on this but most likely we add another person to the unemployment line
    mlynnc72's Avatar
    mlynnc72 Posts: 3, Reputation: 1
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    #10

    Dec 22, 2011, 08:58 PM
    Oh Chuck that is terrible! Most often we only think about the person being denied the job and we blame the employer. Your situation shows how often the employer's hands are tied too. It is sad that people who have clearly turned their lives around are still haunted by a bad decision years ago and still get their feet kicked out from under them. Equally sad is the position that employers like you are put in by not having any choice but to let good people go due to "rules" that are supposed to do good but end up doing more harm to those that deserve a break. I feel for you, but thank you for sharing your perspective. It's one that everyone needs to know about.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jan 1, 2012, 09:32 AM
    Quote Originally Posted by mickeydo View Post
    You have nothing to worry about.

    The state of California has mandated that only records related to the following categories are revealed by Live Scan:

    1. Crimes relating to child abuse or elder abuse
    2. Sex Offenders
    3. Convictions or incarcerations in the last 10 years as a result of committing: theft, robbery, burglary or any felony

    Although, I have read on other sites that California is only allowed to report criminal convictions for 7 years.
    Full background checks are only available for things like state licensing

    Please post your research, the source of this info, particularly that full background checks only go back seven years.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #12

    Jan 1, 2012, 11:43 AM
    When NCIC reports are printed or done they will show the record going back as far as there are records.

    Which records are given out depend on who is requesting the info and for what reasons.
    djlove's Avatar
    djlove Posts: 5, Reputation: 1
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    #13

    Apr 4, 2012, 02:26 PM
    Did you get denied employment for person who asked original question social worker? I am in same boat I applied for a teachers aid at a school district and the livescan showed my expunged misdomeanors from over seven years ago. I am also working on my Masters in social work so its scary to know a stupid mistake will bar me from jobs! I hope you update us.
    djlove's Avatar
    djlove Posts: 5, Reputation: 1
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    #14

    Apr 4, 2012, 02:34 PM
    Quote Originally Posted by mistyeyed1 View Post
    I have a conviction that was expunged. The conviction is from 2002. I have to do a Live Scan fingerprint background check for a very good job opportunity as I am a social worker and work with troubled youth. (the conviction was nothing related to children, abuse, or sexual misconduct). Does anyone know in California, if Expunged convictions will show up on a Live Scan fingerprint check? Please let me know. Thank you.
    What were the results of the scan did you get the job? I too am worried about this because live scan results still show an expunged record. I have applied to two schools for a tutor and teachers aid and the live scan showed results of my expunged misdomeanors from seven years ago none related to violent or sex crimes. I am currently in school to be a social worker so this really discourages me. Thanks for any responses.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #15

    Apr 4, 2012, 02:44 PM
    Yes, this could very well keep you from being licensed. I would look into that before spending any more time on a degree you can't use.
    djlove's Avatar
    djlove Posts: 5, Reputation: 1
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    #16

    Apr 4, 2012, 02:57 PM
    Wow, it's a shame for some misdomeanors from years ago. Its really unfair, especially in a field like social work that is suppose to help people that need it most. It shows the person has grown and learned from mistakes.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #17

    Apr 4, 2012, 03:26 PM
    Quote Originally Posted by djlove View Post
    wow, its a shame for some misdomeanors from years ago. Its really unfair, especially in a field like social work that is suppose to help people that need it most. It shows the person has grown and learned from mistakes.

    I agree with you in theory but I've seen people with criminal records who then go on to become professionals... with criminal records. Unfortunately, that's what the various States see. That and nothing else.

    Someone who has never violated is far less likely to violate than someone with a past.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #18

    Apr 4, 2012, 04:11 PM
    Quote Originally Posted by djlove View Post
    wow, its a shame for some misdomeanors from years ago. Its really unfair, especially in a field like social work that is suppose to help people that need it most. It shows the person has grown and learned from mistakes.
    There is a saying, if you can't do the time, don't do the crime. This is the consequence of a bad decision.

    On the other hand, people do deserve a chance to prove they have learned from their mistakes. So you be upfront with your record and show how you have been rehabilitated.
    djlove's Avatar
    djlove Posts: 5, Reputation: 1
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    #19

    Apr 8, 2012, 11:44 PM
    Yes, I definitively been rehabilitated...
    I read this on a job application working for a school based position. It gives hope to those convicted of minor misdemeanors that been expunged.

    Do not disclose the following: convictions for marijuana-related offenses which are more than two years old; convictions that have been sealed, expunged, impounded, or legally eradicated; misdemeanor convictions for which probation was completed and the case dismissed; information regarding referral to, and/or participation in any pre-trial or post trail diversion program; information regarding arrests or detentions that did not result in a conviction; or information regarding minor traffic violations.)

    However, this is just one organization and I know many will not offer this on their applications.
    djlove's Avatar
    djlove Posts: 5, Reputation: 1
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    #20

    Apr 8, 2012, 11:47 PM
    I am writing to the evaluator for the Board of behavior Sciences. They are the ones who do the licensing for LCSW, MFTs etc. I explained my situation so we'll see what they say.

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