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: 13,964
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 11 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 11 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 11 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 11 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 11 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 11 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 11 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: 13,964
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?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,964
13,964 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:

Ely

Ely

Counselor at Law

24,658 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,843 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

44,266 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 Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Helllo, I need someone specializing in employment law.
Helllo, I need someone specializing in employment law. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I was wondering if I was charged with misdemeanor petty
Hi. I was wondering if I was charged with misdemeanor petty theft in 2009 in the state of Michigan and then it was dismissed, I am now applying for a job in the state of California and they will be do… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in st lucie county and my boyfriend just found out
good morning i live in st lucie county and my boyfriend just found out that he has a warrant for 1st degree petty theft the bond however is 40,000 the reason this raises red flag is that he has been w… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
It is a question about background, The paperwork is for but
The paperwork is for Virginia but it is a fingerprint background in which I had an incident in Florida … read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
In MN, Ramsey County, I was convicted of a petty misdemeanor:
In MN, Ramsey County, I was convicted of a petty misdemeanor: Theft-Take/Use/Transfer Movable Prop. I pleaded guilty and paid a 300$ fine. I am wondering if this will show up on background checks done… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
i was doing grocery from one of whole food suppermarket in
i was doing grocery from one of whole food suppermarket in oakland .actually i do grocery from the same place onec or twice every week. yesturday i did shoping as usuall but i want some cream for my e… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
My daughter was accepted into college by email by is waiting
My daughter was accepted into college by email by is waiting final papers. They have asked for a background check. She did have an petty theft that she was charged for and got it expunged. The school … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
If a person receives a sentence for a crime that is less than
If a person receives a sentence for a crime that is less than one year and served in the local county jail, is it technically a felony or is it always a misdemeanor?… read more
Maverick
Maverick
Doctoral Degree
6,338 satisfied customers
A sales associate at a retail electronics store here in California
A sales associate at a retail electronics store here in California stole my credit card and ran over $1,000 on it. Can I sue the retailer for my personal damages, lost time and stress over the issue.… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
is it true that all California criminal convictions and in
is it true that all California criminal convictions and in this case, infractions are sealed after 5 years? I just had a background check done by a potential employer and was turned down due to 2 pett… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Our 18 year old daughter was arrested for shoplifting about
Our 18 year old daughter was arrested for shoplifting about 175 dollars worth of merchandise from a Macy's in California. Because she was ashamed, she didn't contact us until she had spent a night and… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I worked in a store where I took 2 pairs of earings in different
I worked in a store where I took 2 pairs of earings in different occasions and never brought them back thinking I would get into trouble. Of course the second time the LP saw me and when I was leaving… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I have a hearing before a magistrate regarding larceny of a
I have a hearing before a magistrate regarding larceny of a controlled substance under $250. It happened at my place of employment (hospital). I had a meeting w/campus and state police where I pretty … read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
What happens if I got caught stealing $150.00 of merchandise
What happens if I got caught stealing $150.00 of merchandise? I don't have any prior record. They handcuffed me and took my information and set a court date. Now, what? Please advise.… read more
John
John
Trial Lawyer
Post-Doctoral Degree
688 satisfied customers
Two business days before I was to start a new job, the ...
Two business days before I was to start a new job, the employer called to tell me they made a mistake and withdrew the offer. (An offer letter had been sent to me and I signed and returned it two week… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
i am applying for a job with a nyc affiliated agency. They ...
i am applying for a job with a nyc affiliated agency. They ask have i ever been convcted of a crime? i am not sure. is a violation considerd a crime?is petty larceny considerd a violation or crime. is… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers
my daughter got a ride home from work from a friend and ...
my daughter got a ride home from work from a friend and they stoped at a a local store where his brother works she is 16. His brother asked him to take a bag home which he stated had a x mas present f… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
what is the maximum punishment is under the CA Code Section
what the maximum punishment is under the CA Code Section .[Section 476(a)] -NSF Checks- misdemeanor under $5000… read more
Michelle
Michelle
Doctoral Degree
2,604 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