Legal Question in Criminal Law in California

Confusion on Expungement

In 1992 I was convicted of 424pc embezzlement a felony. I paid the fine, did community service and was on probation for 1-1/2 yrs out of 3 yrs. I requested to my probation officer I be taken off probation. Well, my probation officer filed for an expungement and I was granted: the offense to be declared a misdemeanor pursuant to sec. 17pc, probation orderded terminated pursuant to sec. 1203.3pc, and the plea of guilty to be set aside, and a plea of not guilty to be entered and the case dismissed pursuant to 1203.4.

With all of that I am still confused as to what I am supposed to put on an application for employment. When asked ''have I ever been convicted of a felony/misd.?'', what should I put. And what do potential employers see when they do background checks. I am really confused. Help me please!!! I even have a copy of my criminal history transcript from the DOJ and it says case dismissed. I need clarity.


Asked on 4/05/06, 10:07 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Confusion on Expungement

I've struggled with the same questions. I will dive into the legislative history of pc 1203 and try to find out some answers. While honesty is always the best policy in filling out applications, the expungement may have the benefit of keeping a past criminal record from the prying eyes of a private employer. However, if you were to apply for any kind of government job, state or federal civil service or local government, you would have to admit to the criminal record regardless of the expungement. Good luck.

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Answered on 4/06/06, 11:09 am


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