Legal Question in Criminal Law in California

You were supposed to understand why you got expungement.

Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, you may deny, in response to any question concerning your prior criminal record, that you were arrested for or convicted of the offense except that you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.

Assuming it's for a "regular" job (and one that doesn't require a professional license or other limited circumstances, you can say "no" to the question if you have been convicted.

That's the technical answer. While they are not supposed to used a dismissed case against you, let's be honest. If an employer runs a background check, they may still find the case. If you know they're going to find it, some people choose to disclose it (even though they're not required to), but explain how your life has changed, that it's been dismissed and that you're taking the high road by disclosing, even when you're not required to do so.

Best of luck.

I think the other 2 attorneys covered it all.

I'll just cut and paste the actual code section that covers expungements, California Penal Code Section 1203.4. That section states, in pertinent part:

"In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any new offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.

"The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery."

Hope this helps. Good luck!

In addition to what the others have provided, I urge you to read the following page from the California Court's website, including the follow up links at the bottom: http://www.courts.ca.gov/1070.htm