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Would a misdemeanor from 1991 in California show in my

Hi! Would a misdemeanor...

Hi! Would a misdemeanor from 1991 in California show in my livescan report?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

In San Jose ca. Trespassing without probation

Lawyer's Assistant: Have you talked to a lawyer yet?

No I just did a livescan for teaching in a preschool and my livescan results have not cleared yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Would it be too late to request an expongement

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Answered in 2 minutes by:
11/4/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,149
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Your criminal conviction stays with you all of your life unless you've taken proactive steps to get your record sealed or expunged. However, this is a very old misdemeanor and typically a Livescan will only go back 10 years.

Regardless, since a government employer or licensing authority can always see what other types of employers cannot, answer questions about your record with accuracy. An almost 20-year old misdemeanor is less important than a 2017 lie to cover it up.

As for expunging it, no, it's not too late to do this. California does not have a true expungement, but they will set aside a conviction if you are eligible for it.

California's fairly generous about expungements and reductions. It even has an online self-help center which will walk you step by step through the whole process of expungement and/or reduction from determining your eligibility on through providing you with downloadable forms.

Here is the site:

http://www.courts.ca.gov/1070.htm

When you use the self-help link above and get to the home page, click on "Criminal Law" from the column on the left. Then click on "Cleaning your Criminal Record," scroll down towards the bottom of the page to the links and expand them so that you can see all of the steps.

Good luck!

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Customer reply replied 3 months ago
Would the employer be informed of that upon receiving the livescan results?

If the livescan only goes back ten years, then your employer will not be notified of older charges through Livescan. But there would be nothing stopping a prospective employer from doing a search of public records, which is why, as I have said, you need to answer questions truthfully with regard to your record.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,149
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Of course! Thank you for your help and expertise!

You're very welcome! Good luck!

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Category: Criminal Law
Satisfied Customers: 29,149
29,149 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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