Legal Question in Criminal Law in California

Expungement

Need clarification on Section 13372

VC for the state of California. If I request expungement for a Petty Theft conviction in 2004, will I be able to get an Ambulance Driver's Certificate for employment purposes?


Asked on 6/24/09, 10:00 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Expungement

Maybe, maybe not. You are asking for a license to go through the pockets and purses of injured and unconscious people. There's no easy way to say this: A theft conviction can seriously limit your options for a long time even if it is "expunged."

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Answered on 6/24/09, 11:41 pm
Terry A. Nelson Nelson & Lawless

Re: Expungement

It's up to the certifying agency and then the employer. You must fully disclose all convictions and expungements on such applications for professional licenses and certificates. Failure to do so will result in denial of application once they check your rap sheet [and they will], and could result in perjury charges for lying about it when asked. Expungements do not make the record 'disappear'. Records are forever. However, expungement does allow you to say 'no' to conviction on many private employment applications, and probably helps on applications like yours. If serious about getting it done, feel free to contact me.

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Answered on 6/25/09, 1:01 pm
Karen Olson Attorney at Law

Re: Expungement

The vehicle code section states that the department MAY refuse to issue the license. So it is a possibility but not absolute that it would prevent you from getting your ADC. Even with an �expungment� you are still required to disclose the conviction in response to any direct question contained in any questionnaire or application for public office or for licensure by a state or local agency, or for contracting with the Calif State Lottery. Failure to disclose the conviction even if expunged could be even more detrimental to your chances of getting the Ambulance Driver's Certificate. If and when you get the offense expunged, you should look into getting a certificate of rehabilitation and pardon under Penal Code section 4852.01 which is as close as you can get to never having had the conviction in the first place.

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Answered on 6/25/09, 7:28 pm


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