Q: I have an expunged misdemeanor on my record. Will this show on my livescan (job in nursing home)?
Misdemeanor for domestic violence. Expunged March 2024. Will this show on livescan and/or disqualify me?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Even with expungement, your domestic violence misdemeanor will likely appear on your LiveScan background check. California law requires disclosure of criminal records, including expunged convictions, for positions in healthcare facilities and nursing homes.
For jobs involving vulnerable populations like nursing home residents, the Department of Social Services reviews each case individually. Factors they consider include how long ago the offense occurred, evidence of rehabilitation, and your overall record. Having the expungement helps show rehabilitation, but domestic violence convictions receive extra scrutiny in healthcare settings.
Your best approach is to be honest on your application and prepare documentation showing how you've changed since the incident. This could include proof of completed counseling, character references, and your expungement paperwork. You may also want to consult with an employment attorney who can guide you through the process and help explain your situation to potential employers. While this conviction creates challenges, it doesn't automatically disqualify you from all nursing home positions.
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
