Automatic Nondisclosure For First-time Misdemeanors In Los Angeles
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FAQ
Can a First Time Misdemeanor Be Dismissed in California? Yes, it is possible for a first-time misdemeanor offense to be dismissed in California, depending on the circumstances of the case and the actions taken by the defendant and their attorney.
Contrary to popular belief, misdemeanors in California are not automatically expunged with the passage of time, but require the filing and granting of an Expungement Petition by the Court. Some confusion comes under California Civil Code § 1786.18 which restricts the reporting of certain adverse information.
In California, criminal convictions can only be reported for seven years. Under California civil code (The Investigative Consumer Reporting Agencies Act), any misdemeanors, complaints, indictments, arrests, and convictions older than that cannot be reported on background checks.
After employers in California make a conditional employment offer, they may order a criminal background check that goes back only seven years (with some exceptions). Therefore, employers cannot see convictions older than seven years and cannot pass you over based on seven-plus old convictions.
Section 2855(a) limits the term of personal service employment to seven years, i.e. a personal service employment contract may not be enforced for a period exceeding seven years. This is the reason the statute is famously known as the “Seven Year Rule.”
In California, a background check will typically reveal if somebody was convicted of a misdemeanor or felony, such as common crimes like driving under the influence (DUI) or Penal Code 243.4 PC domestic battery.
In California, a misdemeanor conviction generally stays on your criminal record permanently unless you take action to have it removed. California does not automatically erase or “seal” criminal records after a certain period, so a misdemeanor will remain on your record unless you pursue an expungement.
The best way to find out if this has happened is to go to the Court where your case was at and ask to see the documents. If they do not have them the case was expunged and some private company has the records and provided them when the background check was done.
