Legal Question in Criminal Law in California

Re: FBI criminal history

You will absolutely have to reveal anything and everything to any state board or licensing agency. Read the question carefully. If you need to reveal convictions only, you will not need to tell them about your 2004 arrest.

Filing a petition to destroy the record of that arrest based on factual innocence might be possible. You need to understand, however, that you will in fact need to affirmatively positively prove that you were factually innocent. Showing that evidence was insufficient in all likelihood will not be enough.

If you completed a drug program for the 1989 case, the case has already been expunged/dismissed and there is nothing else you can do. I am pretty sure you will need to reveal it anyway.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

Re: FBI criminal history

"afraid [of] the background check"? You should be. All convictions and your entire record will be reported and shown, and affect you, forever. All convictions must be disclosed on your licensing and credentialing applications, even if expunged. No further actions will help you, as "diversion terminated" is similar to expungement already, showing as a 'dismissal' after plea. The 2nd arrest was not a conviction, so there's nothing to do, and you don't have to disclose arrests on your application.