Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I had committed a misdemeanor petty theft crime in the state…

I had committed a...

I had committed a misdemeanor petty theft crime in the state of California exactly 7 years ago....according to California consumer report law it seems that after 7 years upon the date of the incident those reports should no longer be available. I recently ran a background check for a new job offer and they ran the check within a week after the 7th year anniversary of the incident. Is this still valid if they choose to act on adverse action?

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

The charge was in California and the consumer report was done by a California company for a business in the state of Florida

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

The charge was a misdemeanor petit theft of under $50.

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

The lawyer I spoke to simply said since the company already saw the charge the cat is out of the bag and there's really no telling.

Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
9/20/2017
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,992
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Legal Question

Unfortunately a misdemeanor conviction remains on the record indefinitely, unless the party successfully petitions the court for its removal.

Please see:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1203.4.&lawCode=PEN

The 7 years is actually part of the consumer law (Fair credit reporting act) which does not apply to criminal law-rather it applies to how long an unpaid debt can remain on one's credit report.

I hope this helps clarify that situation!

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Legal Question
Customer reply replied 8 months ago
What about the section here that says criminal misdemeanors after 7 years for CA civil code 1786.18.(7) Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result; except that records of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.
Customer reply replied 8 months ago
Doesn't that mean after 7 years (a) Except as authorized under subdivision (b), an investigative consumer reporting agency may not make or furnish any investigative consumer report containing any of the following items of information..... so my misdemeanor that had been committed on 8/16/2010 should no longer be reported after 8/16/2017?

Unfortunately the statute starts running from "from the date of disposition, release, or parole," not from the date of the incident.

The law would apply to any reports run by CA entities as the statute has no bearing on entities in other states, and the federal law does not impose a limit. Violations can result in fines of $10,000 or if greater actual damages per CA Civil Code §§1786.20, 1786.1786.50

A CA employer or CA screening company can be sued under that Act.

Ask Your Own Legal Question
Customer reply replied 8 months ago
As you see from my attached file the date of disposition was 8/16/2010....the original incident seems to have been on 8/05/2010 and the report was performed on 9/07/17 .
Customer reply replied 8 months ago
if the third part report company was processed by a California company, for a Florida business, what does that mean for me?
Customer reply replied 8 months ago
if my offenses occurred in California.

Unfortunately I can't review legal documents as that is an additional service (premium) that I don't participate in.

If the time frame has lapsed then the individual may sue for $10,000 (flat statutory amount) or more if actual damages are higher.

The statute applies to entities within CA, so if a screening company is located in CA, they are held to the standards of the statute; out of state screening companies and businesses are not subject to CA law. CA does not have jurisdiction over such businesses.

Ask Your Own Legal Question
Customer reply replied 8 months ago
in laymans terms, what you're saying is, I would have a case to sue, if indeed the disposition date has surpassed 7 years, at the time of the report being run, and it resulted in adverse action?Would this be taken up with a criminal lawyer? Or a civil lawyer? What type of lawyer would I bring this to?
that is correct. Either a general civil attorney or an employment or consumer protection attorney would be able to help. We cannot give specific referrals but there are online referral sites that have reviews often used by attorneys and client such as lawyers.com, avvo.com, martindale.com
Ask Your Own Legal Question

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Legal Question
Customer reply replied 8 months ago
Turns out that my completed probational period still hasnt antedated the 7 year mark though my disposition had. Thank you very much.

You are most welcome. Take care.

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,992
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,992
12,992 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a collection on my credit report that I tried to have
I have a collection on my credit report that I tried to have removed & I was unsuccessful. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Does the parole board make up the specific rules for parole
Does the parole board make up the specific rules for parole or is it the parole officer or someone else? Also. What does the parolee get when he leaves prison in terms of cash, clothes or anything els… read more
Sean K
Sean K
Attorney/Member
JD
618 satisfied customers
I was on my credit report and noticed a new account (wasn't
I was on my credit report and noticed a new account (wasn't there a couple months ago when I was on my credit report) that is in collections. I have not been contacted or notified by collections of mo… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
My husband is on parol. paroll did a compliance search
my husband is on parol. paroll did a compliance search ,asked every body to get out of the house.10 min into the search, my husbands parole officer asked me What is this i found in your purse? It was … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a medical bill on my credit report that has been
I have a medical bill on my credit report that has been turned over to law firm for collections the medical is showing uppaid but in actuality i am making the payments to the law firm … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
CA. I have a question about parole and parole officers. I
I have a question about parole and parole officers. … read more
Ray
Ray
Lawyer
Doctoral Degree
32,605 satisfied customers
Credit reporting problem with banks. Oregon. Phone calls
Credit reporting problem with banks. JA: What state is this in? It matters because laws vary by location. Customer: oregon JA: What steps have been taken so far? Customer: phone calls leading nowhere.… read more
Ray
Ray
Lawyer
Doctoral Degree
32,605 satisfied customers
Transunion blocked my credit report. I did not ask them too.
Transunion blocked my credit report. I did not ask them too. I don't know how long this went on, but when I refinanced, they had to work around it as month Jan 22 2018. When I leased a new vehicle in … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,574 satisfied customers
Counselor! What Illinois Civil Codes of Procedure or
Second opinion] Counselor! What Illinois Civil Codes of Procedure or Statutes apply to "Contradiction' of Case. If the same Circuit Court in 2 separate 'civil' cases rule in contradiction of a 'compla… read more
socrateaser
socrateaser
1,031 satisfied customers
Counselor! What Illinois Civil Codes of Procedure or
Counselor! What Illinois Civil Codes of Procedure or Statutes apply to "Contradiction' of Case. If the same Circuit Court in 2 separate 'civil' cases rule in contradiction of a 'complaint' & pass sepa… read more
socrateaser
socrateaser
1,031 satisfied customers
If a Medical premium is not paid for the last month of
If a Medical premium is not paid for the last month of coverage of a health insurance plan (the plan was terminated and is no longer enrolled in) is the premium for the last month payable /owed to the… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
732 satisfied customers
Credit report: I was an officer at a business. It's loans
credit report: I was an officer at a business. It's loans were paid late to the bank, and it was put in collections. Three of us officers are personally liable (it was paid, btw). Should this be on my… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
732 satisfied customers
Hard inquiry on credit report. Is there a process by which a
Hard inquiry on credit report. Is there a process by which a company that made a hard inquiry on my credit report can contact the bureaus to retract it? A report was run on me with my permission by a … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
My landlord violated California Civil Code 1950.5 section
Hi my landlord violated California Civil Code 1950.5 section (f)(1) and I demanded my security deposit in its entirety. They are now saying that I am refusing an inspection even though I requested one… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
I THE PLAINTIFF WOULD LIKE TO KNOW THE CIVIL CODE OF
I THE PLAINTIFF WOULD LIKE TO KNOW THE CIVIL CODE OF PROCEDURE OR STATURE ON THESE AFFIRMATIVE DEFENSES AT THE STATE LAW KEVEK AND THE FEDERAK KEVEK FIR ULLINOISA. HOW MANY TIMES CAN A BANK TRUSTEE FI… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
While looking at credit report I noticed that the applicant
Hi, while looking at credit report I noticed that the applicant has 6 collections with total balance around $3500; for all of them it says: Loan type - open; status - 9B:collection account; remarks - … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
What is the CA civil code that requires developers/builders
What is the CA civil code that requires developers/builders in an new HOA development to disclose the full copy of CC&Rs? What are the consequences for failure to disclose?Are CC&R specific rules that… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
Do HOAs/developers need to follow civil code Civil Code
Do HOAs/developers need to follow civil code Civil Code §4340 in changing the “design guidelines” I know under that code rule changes requires a 30 day prior notice and a 15 day post notice to all own… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x