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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Hello I am under background check for job application for Cisco

Resolved Question:

Hello I am under background check for job application for Cisco in California.
I had arrest record and the case was dismissed in the court 12 years ago.
My question is. Will my arrest record shown in the background check report?

Thanks,
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

The answer to your question is "yes," an arrest--even if the charges are ultimately dismissed--may be discoverable through local law enforcement and court records. An individual in this circumstance would need to apply to have the arrest record sealed pursuant to Penal Code 851.8 to ensure that all evidence of the arrest is destroyed.

An individual in this circumstance can use this petition and the instructions contained within to seal their arrest record: http://ag.ca.gov/idtheft/forms/bcii_8270.pdf

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
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