Legal Question in Criminal Law in California

Re: Criminal Record

Of course it will 'show up' and, no, records can not be 'erased'; that would kinda defeat the whole idea of keeping records at all. Records are forever; that is societal imposed consequence of the conduct that got you the record. You MIGHT be able to get it expunged if you and it qualify. If you were sentenced, whether served or not, to any prison time, or if it was for domestic violence or sex based offenses, and some others, it does not qualify. If expunged, then your record would show the conviction retroactively set aside and the charges dismissed, and you would be able to say 'no' to conviction on most private employment applications. If you think you qualify, feel free to contact me to discuss the facts and process.

Re: Criminal Record

The job and type of background check will determine what type of information can be obtained. If you have a felony a relatively simple background check will show the felony. Your options are to have your felony potentially reduced to a misdemeanor and expunged. That means that your plea of guilty or no contest will be withdrawn and a plea of not guilty will be entered and your case will be dismissed. You will no longer have a felony conviction. There are certain sex offenses that don't allow that procedure. When that is completed, the public records check won't show the felony. However, if you have a background check where a lifescan or fingerprint card is sent to the Department of Justice the felony and the later expungement will show up. Those types of background checks are for particular types of employment.

Most counties have forms you can get from the clerk's office and fill out on your own. The court will make sure that you aren't currently on probation, don't have a case pending, your offense qualifies and that you successfully completed probation. If all of that is true, the court is required to grant the request. If any of that criteria isn't met, it is up to the discretion of the court to grant or deny the request.

Good luck,

Elena Condes