Legal Question in Criminal Law in California
Does an expungement through 1203.4 help me?
Hello,
I am trying to get an expungement through section 1203.4 in order to get into nursing school and get licensed as--name removed--nurse. Recently I picked up--name removed--book that says even after the expungement, my offense can still be considered for--name removed--professional license. Is this true? can employers also see see my record if they run--name removed--criminal record check through the DOJ? I fear I will have big problems when it comes to licensing (or even getting into nursing school) if the licensing agency has any discretion, because my charge was very serious (2nd dgree robbery)
thanks for any help
2 Answers from Attorneys
Re: Does an expungement through 1203.4 help me?
Expungement has no effect on applications for state licensing, and other governmental issues. It IS and always will be on your record, and must be disclosed to them. The crime of which you were convicted will determine whether you qualify for license or not. Expungement only helps you in application to private employers.
Re: Does an expungement through 1203.4 help me?
You are wasting your time if you think an "expungement" (P.C.1203.4) is going to assist you here. "Unprofessional Conduct" and crimes involving moral turpitude will always be investigated by the licensing agency here. Expungement will have no effect on this. However, don't despair as you can (possibly) get your license, even though it is not going to be as easy as if you had no conviction for robbery.
You definitely need a competent criminal atty. who knows how to deal with the Cal. Medical Bd. and the other related health-care professional boards--they operate much alike.
If you want it badly enof you will get it!
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