Does a Background Check Affect Your Credit Score?

Dec 11, 2019

What is a Credit Score?

A credit score is a numerical representation of your credit worthiness. There are three main credit reporting bureaus that calculate and report your credit score. Potential lenders, employers, landlords, and others who you authorized to obtain a credit check use your credit score to make decisions about whether to lend you money, rent an apartment to you, or offer you a job.

Your credit background check represents your borrowing and repayment history, debt to loan ratio, income, and net worth. The number of open accounts you have and their borrowing limits also play a role it also will determine whether you will be able to get an auto loan. Even if you have not used the available credit, lenders will factor in your ability to use open lines of credit.

How long you’ve had credit accounts, whether you pay on time or pay late, or miss payments affect your score. If you have a bankruptcy, lien, repossession, or eviction it will impact your score.
At its essence, the credit score from your credit background check is a shortcut used to determine your creditworthiness.

When Will You Get a Criminal Background Check?

A credit score and a criminal background check provide different information. Criminal background checks can be done without your permission by almost anyone who is interested except employers, potential employers, creditors or landlords, and insurance companies. Someone you’ve asked on a date can run a  background check on you if they have your name and date of birth.

When an employer or other party with restricted access wants to run a background check, they must obtain your permission and disclose to you how it will be used. A credit score and background check are different reports. An employer cannot discriminate against you by running your background if they don’t run background checks on other employees.

Some states have implemented “ban-the-box” laws that prohibit potential employers from asking if you’ve been committed of a crime on the application. These laws do not prohibit background checks after you have been interviewed.

If an employer or other restricted party makes an adverse decision based on your background check, they must advise you of what was in the report. Or if an insurance company orders an investigative background check, which is one where they interview neighbors and acquaintances to learn about you, your habits, and your character, you have a right to a description of the report.

If you attempt to get a job in financial services or other occupations where you are placed in a position of trust, expect that a background check will be done. Many companies run background checks on employees who would go into customers’ homes because they can be held liable for crimes employees commit when their job gave them access to homes, businesses, and occupants who were victimized.

Insurance companies are prohibited from hiring felons unless an exception is made, which sometimes requires the state’s Commissioner of Insurance to grant an exception. Some states with this law do not have a procedure for obtaining an exception.

Together, your credit and background check provide information that determines the types of opportunities you’ll be offered.
Your criminal history, education, and other information that relates to your behavior or character, including the results of pre-employment drug tests, can be included in a background check.

Criminal cases are public records. Unlike your credit report, you do not have an expectation of privacy. However, there are restrictions on how the information in your background check can be used by potential employers, current employers, and lenders.

Will Criminal Background Affect Your Credit Score?

While your incarceration will affect your credit score if you have bills you are unable to pay while you are in jail or prison, if you are able to pay your bills while you are incarcerated, the credit score will not hint at what they’d find in your background check. When you hire the best criminal defense attorney in Los Angeles has to offer, your chances of a criminal conviction decline.

Frequently Asked Questions: Criminal Background Checks and Credit Scores

Does a criminal background check directly affect your credit score?

No. A criminal background check and a credit check are two entirely separate reports pulled from different systems. Running a criminal background check even if it reveals a serious conviction does not lower your credit score or appear on your credit report.

Can going to jail hurt your credit score indirectly?

Yes. While incarceration itself is not reported to credit bureaus, the financial consequences of being in jail or prison can damage your credit. If you are unable to pay bills, credit cards, loans, or rent while incarcerated, those missed payments and defaults will appear on your credit report and lower your score.

Can employers in California run a background check without your permission?

No. Employers, potential employers, landlords, creditors, and insurance companies must obtain your written consent before running a background check. If an adverse decision is made based on what they find, they are required to notify you and disclose what was in the report so you can dispute any inaccuracies.

What is California’s “ban-the-box” law and how does it protect applicants with a criminal record?

California’s ban-the-box law prohibits employers from asking about criminal convictions on a job application. Employers must first evaluate a candidate’s qualifications and make a conditional offer before inquiring about criminal history. This gives applicants with a record a fair chance to be considered based on their skills before a background check is run.

Can expungement in California help with background checks?

Yes, to a degree. A California expungement under Penal Code 1203.4 dismisses the conviction from your record, which can make it less visible to private employers conducting background checks. However, expungement does not erase the record entirely, it can still appear in certain government and professional licensing checks. It also does not directly repair your credit score, though improved employment prospects can help your financial situation over time.

What Are the Different Types of Warrants?

Oct 22, 2019

What Is A Warrant?

The word “warrant” has been around for more than 600 years. It is included in the Fourth Amendment to the U.S. Constitution where the requirement for probable cause is set forth to protect citizens from unwarranted searches and seizures. As early as the 14th Century, a warrant referred to being granted permission from a superior that gave the person executing the warrant protection from blame or responsibility for the authorized actions. This definition adequately describes what a warrant means today.

The various types of warrants are written documentation that a law enforcement officer has the authority to do something that is a protected act. For example, in the United States, random searches of our homes and bodies are not allowed without probable cause. Law enforcement officers can only act without a warrant when someone is caught in the act of committing a crime or when evidence of a crime is in full view.

Different Types of Warrants

Three types of warrants are issued in California including a search warrant, arrest warrant, and bench warrant. All types of warrants require probable cause before they can be issued. Probable cause is a reasonable belief that the circumstances are as they are being presented to the judge by the DA, law enforcement, or other officials who are requesting the warrant.

Different types of warrants are used based on what is being authorized. The purpose of having a judge sign off on different kinds of warrants is to insert someone who is neutral into the decision-making process and to ensure that the search or arrest is lawful.

If the warrant authorizes a search, it is generally executed quickly. If an arrest warrant is issued for a serious crime, law enforcement will actively search for the person.

What is a Search Warrant?

Law enforcement can’t search you, your car, your home, or your business without a warrant unless you grant permission, or the search is incidental to your arrest. Only two types of warrants put you at risk of immediate arrest although a search warrant can lead to an arrest, the outcome depends on what is found during the search.

A search warrant can be issued for a variety of reasons that involve looking for evidence of a crime including possession of child pornography, stolen property, property that was used while committing a felony, and property that is evidence of a crime, or of who committed the crime, including the weapon, getaway vehicle, mask or wig, and other evidence.

They may also search for a property that is intended to be used to commit a crime. Special rules apply to property held by special classes of people including clergy, psychotherapists, attorneys, doctors to protect confidentiality and privacy requirements applicable to those occupations.
The prosecutor’s office or law enforcement requests the search warrant, but a judge or judicial officer must issue it.

Even with a valid search warrant, there are some complexities to the law that a Los Angeles warrant attorney could use to have a search that violates the rules thrown out.

What Does an Arrest Warrant Mean?

An arrest warrant authorizes law enforcement to place you under arrest because you are suspected of committing a crime. A grand jury may have reviewed the evidence and decided there is probable cause to arrest you.

It is uncommon for the person to know an arrest warrant has been issued before they are arrested. When the arrest warrant is issued, law enforcement will look for you and arrest you when they find you, whether that is at home, work, or another place. If you have minor children in your custody and no other adults are present to take care of the children, your children will be taken to Child Protective Services.

If the crime is rather minor, a letter demanding you to appear at a certain date and time may be sent instead of using law enforcement resources to hunt you down and arrest you.

What Is a Bench Warrant?

Although being the subject of all types of warrants is not desirable, a bench warrant is the best of the bunch. Generally, bench warrants are issued when someone fails to pay parking fines or appears in traffic court, commits a misdemeanor, or misses a court date including when you are subpoenaed to testify.

Once arrested, bail will be set and if you can’t come up with the bail, you’ll be held in custody until your court date. Bench warrants can be issued in civil and criminal cases.

How an Attorney Can Help?

An attorney may be able to help you with all types of warrants. There are specific rules that must be followed when the warrant is issued and others that relate to how the warrant is executed. Flaws in any step of the process can cause the warrant to fail.

If the search is deemed unlawful, the fruits of the search including evidence of your guilt can be ruled inadmissible. If statements that led to the issuance of the warrant were false, the warrant can be questioned and potentially quashed.

If you are arrested or a search warrant is issued for your property, you should immediately contact an experienced attorney to assist you.

FAQ Section

What are the three types of warrants in California?

California courts issue three main types of warrants: search warrants, which authorize law enforcement to search a specific location or person for evidence; arrest warrants, which authorize police to take a named individual into custody based on probable cause; and bench warrants, which are issued directly by a judge when someone fails to appear in court, misses a payment, or violates a court order.

Can police search my home or car without a warrant in California?

Generally, no. The Fourth Amendment protects you from unreasonable searches and seizures, meaning law enforcement typically needs a valid search warrant before searching your home, car, or personal belongings. However, there are exceptions — police can search without a warrant if you give consent, if the search is incidental to a lawful arrest, or if evidence of a crime is in plain view. An attorney can challenge searches that don’t meet these legal requirements.

Will I be notified if an arrest warrant is issued for me in California?

In most cases, no. Arrest warrants are not typically announced to the subject in advance. Law enforcement will seek you out at your home, workplace, or wherever they locate you. If you suspect a warrant may have been issued in your name, it’s advisable to have an attorney check on your behalf rather than contacting law enforcement directly.

What happens to my children if I’m arrested on a warrant in California?

If you are arrested and have minor children in your custody with no other adults present, California law requires those children to be placed with Child Protective Services until a responsible adult can be contacted. This is one of the more serious practical consequences of an outstanding warrant planning ahead with an attorney before addressing the warrant can help you make arrangements to avoid this outcome.

Can a warrant be challenged or thrown out in California?

Yes. Warrants must follow strict legal requirements at every step — from how probable cause is established to how the warrant is executed. If law enforcement made false statements to obtain the warrant, searched beyond the scope of what the warrant authorized, or violated procedural rules during execution, an attorney can challenge the warrant and potentially have any evidence gathered as a result ruled inadmissible in court.

What Happens After an Underage DUI in California?

Aug 13, 2019

What is the Legal BAC for Someone Under 21?

Young drivers can be charged with numerous types of underage DUIs in California including charges for:

• Any alcohol in their system (.01% Blood Alcohol Content (BAC))

And enhanced penalties for:

• 04% BAC if operating a vehicle for hires such as a Lyft or Uber driver
• 05% BAC
• Adult DUI, .08% BAC

It doesn’t matter if alcohol is the result of drinking alcohol or from cold medicines that contain alcohol. In addition to a DUI charge for blood alcohol content (BAC) above the limits noted above, legal and illegal drugs that impair a driver’s ability to operate a vehicle safely including cold medicines, pain killers, marijuana, and street drugs can result in DUI penalties.

What is a “Zero Tolerance” DUI law?

Anyone under the age of 21 who is discovered driving while intoxicated is subject to California’s zero-tolerance law for underage drinkers. This law says that a blood alcohol reading of 0.01% or higher is treated as a traffic infraction and punished with a suspension of a person’s driver’s license for one year.

The blood alcohol level is typically measured at the time of the stop using a breathalyzer or other similar device. Note that alcohol from any source, including medication like cough syrup, is subject to this law, and if the driver refuses to submit to this testing, he/she is subject to an extension of driver’s license suspension of up to three years.

However, just like adult DUI license suspensions, the driver has the right to challenge the license suspension in front of the DMV, or seek restricted driving privileges if the challenge is unsuccessful.

Underage Drinking with a BAC of 0.05% or Higher

In addition to the zero-tolerance law for underage intoxicated driving, California has another law that elevates the penalties for underage drivers with a blood alcohol level of 0.05% or higher. This reading is usually confirmed by an additional test at the police station.

This violation is still not considered a misdemeanor but does punish the driver with a one-year license suspension, a $100 fine, and a mandatory alcohol education program of three months or more. It is important to mention that any driver under the age of 21 that registers a blood alcohol level of 0.08% or more is considered legally impaired, and will be charged under the standard adult DUI offense laws.

Possessing Alcohol While Under the Age of 21

Finally, if an underage driver knowingly operates a vehicle that contains alcohol he/she could face charges for a misdemeanor offense unless the driver is accompanied by a parent, adult relative, or adult designated by the parent.

In addition, if the driver is not accompanied by an adult there is still a defense to this crime if the driver was in the process of following a parent’s instructions on transporting/delivering the alcohol.

Because this is a criminal offense, the possible penalties include impoundment of the vehicle for up to 30 days if it is registered in the name of the underage driver, a $1,000 fine, and a one-year suspension of the driver’s license.

What are the Penalties for an Underage DUI?

The penalties for underage DUI vary by the blood alcohol level, whether you submit to a chemical test when you are stopped, prior convictions, whether there are minors under age 14 in the vehicle being operated by an impaired underage driver, whether or not there is an accident, and if there is an accident, the extent of the injuries.

If the underage driver refuses to submit to a chemical BAC test, there is an automatic 1-year suspension of the driver’s license whether or not the arrest results in an under 21 DUI conviction. If the driver is an adult (age 18 – 20) and has a BAC of .05%, they will generally be required to attend a mandatory alcohol education program.

When injuries are involved, the driver may be charged with a misdemeanor or felony, at the prosecutor’s discretion. Injuries can lead to prison time that is tied to the extent of the injuries. In other words, the more severe the injuries caused by the impaired driver are, the longer the prison sentence is likely to be.

Getting an underage DUI in California when you have a prior conviction will lead to a 2-year revocation of your driver’s license.
An under 21 DUI that exceeds the legal limit for an adult DUI (.08% BAC) has stiffer penalties which can include 3 – 5 years of misdemeanor probation, fines, mandatory drug or alcohol education programs, and may include jail time.

When you refuse a lawful request for a chemical test to determine your blood alcohol level, the DMV can suspend or revoke your license regardless of the outcome of your DUI charge and you may be given enhanced penalties if you are convicted.

How Many People are Killed by Drunk Drivers?

According to the Center for Disease Control (CDC), a government agency that tracks statistics related to death and injury:

• The risk that an underage driver between the ages of 16 – 20 will die in a car accident is 17 times higher when their BAC is .08% than it is when they are sober. That’s a sobering statistic, especially when added to the three times greater risk a teen driver has of dying in an automobile accident even when they are sober.
• One out of five teenagers who are involved in a fatal accident drank alcohol before the crash.
• Every day, six teenagers’ lives are cut short because they die from injuries sustained during a motor vehicle accident. Many of these deaths were preventable. Not drinking and driving reduce the risk of premature death.

What Happens if You Get a DUI in California under 21?

If you are arrested, you should use your best manners. Be polite. Do your best to remain calm. Use deep breathing exercises to help yourself calm down. Follow all the officer’s instructions. Refusing to follow instructions makes things worse for you and may increase the charges against you.

Do not admit to anything. In fact, say as little as possible. Don’t volunteer information. Provide the officer with your license, proof of insurance, and vehicle registration. If they ask you questions, tell them you need to talk to your lawyer before you answer.

However, as an underage driver, refusing to submit to a BAC test will result in automatic penalties. You can, however, refuse field sobriety tests without penalties. Pay attention to what is said, the order it is said, and specific words. For example, if the officer tells you that you may lose your license for a year if you refuse to take the BAC instead of you will lose your license, it can make a difference in court.

If you are arrested, you’ll want the best criminal defense attorney in Los Angeles to represent you so contact us as soon as possible. You have a very limited time to request a hearing (10 days).

Finally, when it is all over if you qualify, you should look into having your DUI expunged from your record as a DUI in California will show up on background checks employers and landlords conduct in the future if it is not expunged.

New Diversion Program For Criminals In California

Jul 29, 2019

What is a Diversion Program in California?

On July 1, the new budget was active and allowed for $5 million towards funding a new program that allows victims of crimes to confront their offenders.  The money was used to fund the program for 5 years and it will allow offenders of any age to participate, not just those who are juvenile which has traditionally been the case with this type of program.

The program pairs victims and offenders before the conviction occurs.  The benefit for offenders is that if they go through the program they can avoid a criminal record which impacts the rest of their lives outside of prison.

How does Diversion Work in California?

Those who are proponents of the plan believe that it is going to be beneficial for both survivors as well as criminals. Survivors get closure and a piece that is needed for them to help heal more thoroughly. Offenders may be deterred from continuing to repeat criminal offenses once out of prison because they have had the opportunity to leave their sentence with a clean slate, thus giving them a second chance at life without the blot of crimes on their records.

It is a program that allows for a more personal look at crimes for both parties and participates in forgiveness which may have a strong and valuable impact in the long term.  It is a means to make a bad situation into a good one for both sides of the equation.

Who is Eligible for Diversion Program in California?

This is a state-funded program and only those offenders who do not exhibit an extensive criminal record are eligible.  Additionally, those who have been convicted of sex crimes and murder will not be eligible. Crimes that are highly associated with violence such as robbery, assault, burglary, and criminal threats would be eligible.

Working together with community groups, law enforcement, defense attorneys, the offenders, and victims a plan will be developed that will meet the needs of the survivors while also promoting a strategy to help the offender avoid engaging in more crimes in the future.  In order to accomplish this, substance abuse treatment, counseling, education, and job training may all play a role. Victims can have the ability to obtain restitution or even a letter of apology.

There will be tracking done on those who successfully complete the totality of the program to determine its effectiveness. Looking at factors like victim satisfaction as well as new crimes committed or lack of crimes committed by offenders will be evaluated.

Get the Best Outcome Possible with Proper Defense

Individuals who have been charged with criminal offenses have the right to a solid defense.  The use of a Southern California criminal defense attorney at the Manshoory Law Group, APC can help you when you are facing a criminal trial.  We specialize in criminal defense and we are experts in criminal law.

We know about all the opportunities that are available to you to help you with your case, such as new programs including this diversion program opportunity.  You don’t have to go through this process alone, our team of Los Angeles criminal defense attorneys can help.

Call us at 877-977-7750 and speak to one of our resourceful Southern California criminal defense attorneys today.

California Search And Seizure Laws

Jun 20, 2019

Part of the job of a law enforcement officer is to search for evidence of a crime, take that evidence for examination, then use it in a trial. This is called “search and seizure”. The Fourth Amendment of the U.S. Constitution and Article I, Section 13 California Constitution have laws against “unreasonable search and seizure”. The laws surrounding what makes a search reasonable or unreasonable are complex. We will explain them in this article.

What Makes A Search And Seizure Legal in California?

There are three components to look at. The first is whether or not the area searched is considered to be private by society. This is called “reasonable expectation of privacy.” Places like your home, your electronic devices, or even a hotel room or a tent fall into this category. But the abandoned property, like trash you’ve thrown out or something you threw out of a car, do not have this expectation and are fair game for search and seizure.

If it is private, the police may still search it if one of two things apply. The first is if they have a search warrant. The laws in California for search warrants can be found here. Police have to convince a judge that there may be evidence that a felony was committed. If the judge believes there is probable cause that this is true, they will write a warrant that gives the police the right to search that area for evidence related to that crime alone. The last thing to consider is whether the search would fall into one of the many exceptions to the warrant law.

These include things like:

• The owner of the property gave consent to a search.
• You’ve been arrested lawfully and the police want to safeguard evidence that might be destroyed.
• There is an immediate danger to life or property.
• An item is in plain view and obviously incriminating.

There are also specific exceptions for vehicles and electronic devices that are derived from these ideas.

Take vehicles, for instance:

• During temporary detention, an officer might believe you have access to a weapon or is otherwise dangerous. The police can search to preserve the safety of everyone.
• Your car is impounded after a legal arrest. Police can take the time to search that vehicle for evidence.
• A shakier reason is if the police believe they have probable cause that a vehicle contains evidence of a crime, like if they believe they smell alcohol or drugs.

For electronic devices:

• Police can access the device in an emergency situation or aid in pursuing a fleeing suspect.
• Police can also search devices when you’re crossing an international border if they have probable cause.

Note that police can still take an electronic device and hold it until they get a warrant for a legal search.

Remember if you give consent to the police for a search then any evidence they find is legal! It doesn’t matter if the area has a reasonable expectation of privacy. If you consent to a search, you waive your Fourth Amendment rights.

What Constitutes An Illegal Search And Seizure?

If the police or the judge doesn’t follow the rules, then the search and seizure could be deemed illegal. For example, a warrant could be challenged if it can be proven that:

• The police mislead the judge.
• The warrant was too broad.
• The search exceeded the limits of the warrant.
• The judge was biased

If the police do a search based on probable cause or due to one of the exceptions, they will have to prove that their search fell under the exceptions. If it can be proven otherwise, the search and any evidence collected in relation to the search will be illegal evidence.

The trickiest areas are when it’s unclear whether or not society has decided there is a reasonable expectation of privacy. Electronic devices are used to fall into this category. Prior to 2014, there was no reasonable expectation of privacy for electronic devices in California. Police were free to search phones and computers as they pleased. However, that is now illegal without a warrant thanks to a California Supreme Court ruling.

What Happens If An Unlawful Search And Seizure Is Discovered?

Unlawful search and seizure does happen, but how can you challenge it? Your criminal defense lawyer can file something called a “motion to suppress” before your trial starts. In the motion, your criminal defense lawyer will offer their arguments about why a search and seizure was illegal and why the evidence found should not count under California’s “exclusionary rule”.

If the judge agrees that the search was unlawful, the state will be unable to use any evidence collected in that search. Depending on the nature of the crime and the evidence suppressed, the prosecution may be forced to use a lesser charge or to drop all charges because they lack the evidence to proceed.

There is also a second way your lawyer can challenge the legality of a search and seizure. Sometimes the police will gain legal evidence indirectly through an illegal manner. If there is no way they could have found that evidence without the illegal search and seizure, that evidence can be excluded under the “fruit of the poisonous tree” rule. However, the prosecution does have ways to challenge this so it is a weaker way to suppress evidence.

One of the things that a criminal lawyer will do for you is to examine how the police obtained their evidence. If they believe that it was obtained illegally through an unlawful search and seizure it will be challenged. If the circumstances fall in your favor, you may never have to go to trial.

Ask for Help from Illegal Search and Seizure Lawyer

However, if your case goes all the way to trial without challenging the evidence then it will be much harder to dismiss what is presented. This is why it is so crucial that you get a lawyer skilled at challenging unlawful search and seizures on your side as soon as possible after your arrest.

If you are arrested in Los Angeles, don’t wait until it is too late. Contact Manshoory Law Group for a consultation. Explain your reasons why you think the evidence against you was illegally obtained. We will fight hard to force the prosecution to prove that they did everything by the book.