Legal Question in Criminal Law in California

does expungment of the record clear your background? when employers do state background checks nothings comes up. However, when federal employers do background checks my past conviction shows up on my record. What is the point of getting your record expunged if it will still appear on your criminal record?


Asked on 3/18/11, 8:15 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

No. Records are forever. Expungement does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.

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Answered on 3/19/11, 1:53 pm


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