Legal Question in Criminal Law in California

You say you were arrested, but were you convicted? If the DA did not file charges or your case was dismissed, you may be able to get a factual finding of innocence, which would result in the destruction of the arrest records.

If you were convicted, there is no way to seal or destroy an adult record. You can get the case dismissed, but will still have to disclose it if you are asked when applying for certification as an interpreter.

Under Penal Code �1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed.

You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. It will not remove any restrictions on your right to own a firearm or relieve you of the requirement to register as a sex offender. The conviction can still be considered a prior offense; for instance, a prior theft conviction could make any future petty theft a felony, or a prior DUI conviction could be used to increase the punishment in subsequent DUI convictions.

BEWARE of law firms that promise to "clear your record" and charge thousands of dollars. The process of filing a Penal Code �1203.4 petition is pretty simple, and you can do it yourself with forms available from the court clerk's office, especially if you completed probation without any problems. If you had a probation violation along the way, you may want an attorney's help, but the guys who charge thousands to file simple paperwork will probably overcharge you for that, too.

California Labor Code �432.7 says employers can't ask about any arrest that didn't result in a conviction, inquire about it from other sources or use it in a hiring decision.

Some attorneys interpret this Labor Code section to mean you don't have to disclose a conviction that was dismissed under Penal Code �1203.4, but I usually advise clients to disclose it, with an explanation that the conviction was subsequently dismissed, if the employer is likely to do a detailed background check.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like LawGuru, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

Expungement helps in general by allowing you to say 'no' to conviction on most private employment applications. Such convictions as yours can be expunged, but still must be disclosed for any state licensing or credentialing, as you intend. It is then up to the agency and employer to decide to grant the credential and hire you. Your history probably will not keep you from your goal. Feel free to contact me if serious about getting legal help with this.