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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: California Employment Law
Satisfied Customers: 17463
Experience:  B.A.; M.B.A.; J.D.
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I'm a preschool teacher in California. 20 years ago, I had a

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I'm a preschool teacher in California. 20 years ago, I had a misdemeanor theft charge, and I recently had the charge expunged. .. maybe 3 years ago, I'd guess. Anyway, I'm on the hunt for employment, and there is considerable interest until the prospective employers try to "transfer" previous fingerprint/background clearance from my last job, and an "exemption"(i.e. a criminal record) shows, and I'm barred from employment with them. I need to know. .. should an expunged record still show on a california live scan? This is not for a license of any sort... just an employment background check. If it shouldn't be showing on my record. .. whom do I contact to correct this? Is it possible that the exemption continues to show because they are looking at old fingerprints that my last job had before my record was expunged? If so, is there a way that I can update my live scan somehow simply by getting myself fingerprinted again? And how would I do that?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Phillips Esq. replied 10 months ago.

I'm a preschool teacher in California. 20 years ago, I had a misdemeanor theft charge, and I recently had the charge expunged. .. maybe 3 years ago, I'd guess. Anyway, I'm on the hunt for employment, and there is considerable interest until the prospective employers try to "transfer" previous fingerprint/background clearance from my last job, and an "exemption"(i.e. a criminal record) shows, and I'm barred from employment with them. I need to know. .. should an expunged record still show on a california live scan?

Response 1: No, it should not unless the employer is the state or local agency.

This is not for a license of any sort... just an employment background check. If it shouldn't be showing on my record. .. whom do I contact to correct this?

Response 2: You need to make a request for your own criminal history from California Department of Justice. Then, review it for accuracy. If you find any incorrect information, you need to follow the instructions given on the form to correct the information. For more information on background check process for California and how to request for your record, click on the links below here:

http://oag.ca.gov/fingerprints/security

https://oag.ca.gov/fingerprints

Is it possible that the exemption continues to show because they are looking at old fingerprints that my last job had before my record was expunged?

Response 3: It is possible.

If so, is there a way that I can update my live scan somehow simply by getting myself fingerprinted again? And how would I do that?

Response 4: See my previous response.

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