Will EDD overpayment fraud flag show on background checks or criminal records?

Ok so calm down first. EDD labeling something as 'fraudulent' on their internal system is NOT the same as criminal fraud. There's administrative fraud (what EDD is talking about) and criminal fraud (what police/courts deal with). Unless the district attorney actually decides to press charges and you're convicted in court, this won't show on a background check or criminal record.

Former HR manager here. An EDD administrative decision won't show up on standard employment background checks. Those checks look for actual criminal convictions, not administrative determinations by government agencies. The only way this becomes a criminal matter is if: 1. The amount is very large (typically $10k+) 2. There's clear evidence of intentional fraud 3. EDD refers the case to prosecutors 4. Prosecutors decide to file charges 5. You're actually convicted Based on what you described ($4,750 and an honest mistake), this will almost certainly remain administrative. Just deal with the overpayment.

WRONG INFO ABOVE!! My cousin got flagged for fraud and couldn't get a job at Bank of America because of it!! They DO check this stuff esp for finance jobs!!!

I went through this exact scenario in 2023. Make sure you appeal the fraud determination ASAP! You only have 30 days from the notice date. Explain that it was an honest mistake with reporting hours between multiple jobs. If they accept your appeal, they'll likely change it from "fraudulent" to "non-fraudulent" overpayment, which just means you still owe the money but without the additional penalties or fraud designation. And yes, as others mentioned, this administrative issue won't show on background checks unless criminal charges are filed, which is extremely rare for small amounts and honest mistakes.

This happened to me too!!! So stressful!!! Just pay the money back and you'll be fine!!!

Has anyone actually been able to get through to EDD to discuss an overpayment issue? I've been trying for weeks to reach someone about my situation and it's IMPOSSIBLE. Always get the "we're experiencing high call volume" message and then it hangs up. So frustrating!!!

One more important point: if you don't appeal and the fraudulent designation sticks, you could face a penalty weeks disqualification on any future unemployment claims. This means if you need to file for unemployment again within the next few years, you'd have to serve a certain number of penalty weeks before receiving benefits. That's another good reason to appeal the fraud determination while continuing to set up a repayment plan.

Everyone here is giving good advice but nobody answered the most important question - how do you avoid this happening again?? ALWAYS keep detailed records of your work hours and income for EACH job when on partial unemployment. I take screenshots of my work schedules and keep records in a spreadsheet. This way if EDD ever questions you, you have proof you were trying to be accurate.

BTW make sure when you appeal that you specificly state you made an 'unintentional error' NOT a 'mistake'. EDD guidelines treat those terms differently. Also emphasize that you had 'no intent to defraud' - use that exact phrasing. It matches their internal criteria for dropping fraud designations.