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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.

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Answered in 7 minutes by:
9/20/2017
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,877
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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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!

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Customer reply replied 5 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 5 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.

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Customer reply replied 5 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 5 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 5 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.

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Customer reply replied 5 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
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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:
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Customer reply replied 5 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.

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