Legal Question in Criminal Law in California
I was convicted of a sex crime 10 plus yeras ago...I have since had my record "expunged' or dismissed. Now looking for work, will the background indicate to employers the exact wording of my offense or just simply indicated the penal code with DISMISSED on a the background forms?
Please advise.
1 Answer from Attorneys
An "expungement" (technically a dismissal pursuant to Penal Code section 1203.4) does not erase things from your record - it only adds a notation that it was subsequently dismissed. The code section and language remains, just the disposition changes.
Under Labor Code section 432.7, employers are not supposed to use an arrest that did not lead to a conviction against you.
Under 1203.4, your plea (or conviction) is withdrawn (or set aside) and a not guilty plea is reinstated, then charges are dismissed.
What they actually see depends on how and where they search. You can get a copy of your criminal background through the California Department of Justice so you can see exactly what shows up.
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