Legal Question in Criminal Law in California

Re: Expunged Record/Background Check

Most law enforcement agencies will look, they will find expunged records, most will disqualify you from employment, and if you lie and withhold on your application, that will disqualify you instantly.

Re: Expunged Record/Background Check

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Re: Expunged Record/Background Check

Thanks for your posting. Expungement encompasses a number of processes that provide varying degrees of relief from the adverse effects of an arrest or conviction, including relief from inaccurate or incomplete arrest records or the dissemination and use of arrest records outside the criminal justice system to deny the former arrestee business or professional licensing, employment, or similar opportunities for personal advancement. The relief sought may include a general release from penalties and disabilities resulting from the criminal record, sealing the record from public view, or the actual destruction of the record.

Section 1203.4 relief, which is most common, retroactively dismisses the case, and withdraws your plea, so you can truthfully indicate that you were never convicted of the crime, although I should caution you as a former federal employee and with family in law enforcement, that most government applications also ask about expunged cases, which you do have to truthfully disclose.

You also may be asked to reveal arrests, even if they did not lead to a conviction (such as expunged cases).

Typically, depending on how long you have been crime free since the expungement, it is not an impedence to working in law enforcement, although your scores and other criteria are a factor in the entire picture. An expungement, in my opinion, does help, however.

I hope this helps, but if you need more information or feel you need legal representation, please feel free to email me at [email protected].