Background checks (especially criminal background checks) are a reality facing any individual seeking employment, citizenship or changes in immigration status, adoption and especially for licensing of professionals including attorneys and doctors. Approximately 2 million background checks are processed each year (including 1.2 million federal level background checks)
Cleaning up your California criminal record and understanding the criminal background check process can be difficult; hiring an experienced criminal defense attorney to help you clear up charges, arrests or other entries can increase your chances of getting a job or even securing citizenship. Arrests which did not result in conviction or aquittal including letting the applicble filing deadline lapse, alternatively, can be sealed and destroyed under Penal Clode 851.91 which is covered in detail in a prevous post about records of arrest which can be sealed under new California law (CARE Act
In California, a request for Live Scan service(BCIA 8016) can reveal criminal records and information about an individual's criminal background held by both the California Department of Justice (DOJ) or the Federal Breau of Investigation(FBI). The DOJ compiles records of arrest and prosecution ("RAP Sheet") by compiling information from courts, police, probation departments, and district attorneys offices. If there are no records of arrest or conviction, turnaround time is typically 48 to 72 hours. If the background check reveals criminal records, the DOJ manually reviews them for a corresponding disposition and prepares the response according to the application type.
Should your Live Scan background check reveal incorrect or incomplete criminal records (including arrests and conviction) you can challenge them by filing a "Claim of Alleged Inaccuracy or Incompleteness" with the California DOJ or, if arrests or other court disposition information, by court order or at the discretion of the arresting law enforcement agency. Expungement of criminal convictions, findings of factual innocence and other relief are available if the records are accurate but are eligible to be sealed or destroyed. A knowledgeable defense attorney can help you understand all legal options available for cleaning up your criminal record and the results of any Live Scan background check. Lossing a job or employment opportunity because of a criminal record which should not be there is sensless so don't hesitate to call us today!