I have been convicted of VC23140 and VC 23152(a), a Baby DUI and a 1st offense DUI (years apart), in the past. I have since had both offenses expunged. The legal terms used in the court orders are: "set aside and all charges dismissed." I am wondering if, under California law and the Fair Credit Reporting Act, if third party background check companies are still permitted to report my conviction or show ANY record of my convictions/dismissals. Does this section of California law apply?
"1786.18.7 – Conviction Records
A consumer credit reporting agency shall not report records of arrest, indictment, information,misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole,antedates the report by seven years. These items of information shall no longer be reported if it is learned in the case of a conviction that a full pardon has been granted or in the case of an arrest,indictment, information, or misdemeanor complaint a conviction did not result."
In other words, if a conviction/charge is dismissed/expunged, does that mean a conviction did not result? ----
Also, wouldn't this section of California law require employers to explicitly select background check companies that DO NOT report expunged convictions? "it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning: (A) Any arrest or detention which did not result in conviction; (B) Any conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated."
I am seeking employment in public accounting and, having received several offers from prestigious accounting firms, I would like your personal opinion on whether I should disclose this fact to the companies who have offered me a job, or if I should remain silent. What are the chances that they will find some other reason to withdraw their job offers if the background check companies turn up two expunged DUIs?
Also, the Baby DUI conviction is ALMOST 7 years old, does the 7 year time limit start on the conviction time, or when I got off probation, or when? When does the 7 year mark start?
Do corporate background check companies look at DMV records - in a public accounting context?
"1786.18.7 – Conviction Records
A consumer credit reporting agency shall not report records of arrest, indictment, information,misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole,antedates the report by seven years. These items of information shall no longer be reported if it is learned in the case of a conviction that a full pardon has been granted or in the case of an arrest,indictment, information, or misdemeanor complaint a conviction did not result."
In other words, if a conviction/charge is dismissed/expunged, does that mean a conviction did not result? ----
Also, wouldn't this section of California law require employers to explicitly select background check companies that DO NOT report expunged convictions? "it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning: (A) Any arrest or detention which did not result in conviction; (B) Any conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated."
I am seeking employment in public accounting and, having received several offers from prestigious accounting firms, I would like your personal opinion on whether I should disclose this fact to the companies who have offered me a job, or if I should remain silent. What are the chances that they will find some other reason to withdraw their job offers if the background check companies turn up two expunged DUIs?
Also, the Baby DUI conviction is ALMOST 7 years old, does the 7 year time limit start on the conviction time, or when I got off probation, or when? When does the 7 year mark start?
Do corporate background check companies look at DMV records - in a public accounting context?
Background Checks: California Background Checks - Expunged Records
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