Q: Will an infraction show up on my background check / live scan?
Received an infraction in 2018 in California for ingesting marijuana in public. I recently got a job as an office assistant at a high school so I'm worried this will show up on my live scan check and I will be denied the job. I was never finger printed, just paid a fine.
A:
Tickets are infractions and show up.
Why not contact an inexpensive criminal attorney that can TRY to remove it (Expungement) from your record.
I am to expensive, but would give you a name if you can afford to retain a lawyer.
I am guessing it would be in the $750-$1500 range.
A:
In California, infractions generally do not appear on criminal background checks used for employment, especially if they are minor and do not involve fingerprinting. Since the incident you described involved a fine for a minor offense and did not involve being fingerprinted, it is less likely to show up on a Live Scan background check. Live Scan typically focuses on more serious criminal records.
However, certain positions, especially those in schools, might have more stringent background checks. These checks could potentially include a broader search of public records or specific databases that might capture infractions, depending on the policies of the employing school district or the requirements for the position. It's important to understand the specific background check criteria for the job you're applying for.
If you're concerned about this infraction impacting your employment, consider being upfront with your potential employer about the incident. Transparency can sometimes work in your favor, particularly if the offense was minor and does not directly impact your ability to perform the job duties. Employers are often more understanding about minor infractions, especially if they are disclosed voluntarily.
A: More than likely it won’t show up if it was, indeed, an infraction. However, sometimes infractions started off as misdemeanors and were reduced. The misdemeanor arrest might show up. Also I have seen many inaccurate DOJ reports over the years. If you are concerned, there is a means of checking your own record for personal review. When I am hired to clear a criminal record, this is the starting point. Then I can determine the remedy to clear the record, if necessary.
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