The answer to the question posed above depends upon the type of background search the employer uses. However, there are certain types of searches, i.e. Livescan, that do include information about arrests, even if such an arrest never led to a criminal case filing or the criminal case was dismissed, or the conviction was later expunged. To read more about this problematic issue, click on the following link.
The short answer to the question posed in the title is no, but why? While commercial burglary is not listed as one of the eligible offenses under Prop 47, can’t it be classified as shoplifting and if not, why not? To read answers to these questions, if case you, too, are thinking about Prop 47 relief to resentence a felony as a misdemeanor, click on the following link.
Many people who call our office seeking to sue the police have either waived their right to such a lawsuit by not filing an administrative claim within the time required or (and) are unaware that most government employees enjoy limited immunity for acts of negligence. However, some cases can prevail in favor or someone the police mistreat. To read about one such case, click on the following link.
If a juvenile breaks into a locker and steals a cell phone, is that felony burglary and thus eligible for reduction to a misdemeanor under Prop 47? The following article addresses this issue, as Prop 47 is applicable to juveniles. But can theft of a cell phone from a high school locker be characterized as commercial burglary to avail itself of Prop 47? To find out the answer, click on the following link.
It is well-recognized that juveniles do a significant amount of communicating by cell phones, I-pads and laptop computers. When a probation condition is reasonably related to preventing further crimes, it may be proper. Can a probation condition include a requirement that a probation officer search a juvenile’s electronic devices if the juvenile is on probation for residential burglary? This question was answered in the following appellate court decision summarized at the following link.
Our office has had several clients claim they are more alert while driving under the influence of methamphetamine. The truth is that they feel they are super alert, but their reactions and responses to traffic conditions in fact are usually slower than a sober person. This is one of the reasons why driving under the influence of such drugs is illegal. It can also lead to a second degree murder conviction. To read about this sad case, click on the following link.
Theft of access card information, a violation of Penal Code § 484e(d), seen as a crime of some sophistication. It involves stealing another person’s identity for financial gain. It is not a crime of impulse. Rather, it is much more of a calculated act. Is is eligible for reduction to a misdemeanor under Prop 47? The answer may surprise you. Click on the following link to find out the answer and why.