Legal Question in Criminal Law in California

Re: expunged misdemeanor, but...

1. If the defense team is resourceful and decides to be very thorough, they might be able to find this information. The expungement should prevent them from using the information in court, but your employer may learn about it as the case proceeds.

2. It depends upon what type of license you are seeking, which state you will be in and what kind of history you have. If all you have is a single expunged misdemeanor, it likely won't have much of an effect.

Re: expunged misdemeanor, but...

Thank you for your posting, and the opportunity to serve you further. I believe I can answer your questions as follows:

1. To impeach your credibility, your conviction would have to be a felony, or a crime of moral turpitude. You can bring counsel with you to argue the issue with the court before you face the jury, but if the defense finds out about this, you may be asked about it if you don't have counsel to object.

2. Your question about his this particular conviction affects your license is more difficult. Assuming that you are applying for a nursing license, and not a different type of "medical license", and assuming by "federal/state" that you mean California as the licensing state, the laws in CA state the following:

Pursuant to Title 16, California Code of Regulations, section 2521 (VN Regulations) and section 2578 (PT Regulations), a crime or act shall be considered to be substantially related to the qualifications, functions or duties of a LVN or PT if to a substantial degree it evidences present or potential unfitness to perform the functions authorized by the license in a manner consistent with the public health, safety or welfare. Such crimes or acts shall include but not be limited to those involving the following issues:

Procuring a license by fraud, misrepresentation or mistake.

A conviction of practicing medicine without a license.

Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of the VN Practice Act or PT Law.

Aiding or assisting, or agreeing to aid or assist any person or persons, whether a licensed physician or not, in the performance of or arranging for a violation of any of the provisions of the Medical Board of California Practice Act.

Conviction of a crime involving fiscal dishonesty. (Note that this might apply in your case).

Any crime or act involving the sale, gift, administration, or furnishing of "narcotics or dangerous drugs or dangerous devices" as defined in the Pharmacy Practice Act, Section 4022.

Under Section 1203.4 of the Penal Code, an expunged conviction can be used against you, and must be disclosed, to a government agency for purposes of licensing.

I hope that this information helps, but if you have any other questions, or feel that you need legal assistance, please feel free to email me directly, at [email protected]. It's my pleasure to help in any way that I can.