Legal Question in Criminal Law in California

If a feloney conviction is later changed to a not guilty conviction after my pro

When I was 19 I was arrested for recieving stolen goods. I plead no contest, recieved 1 year in county jail and was released on 5 yrs of probation. Now almost 7 yrs later I have gone back to court to have the convictions reduced to a misdiminer. During the past 6 yrs I have been working as a firefighter, volunteering my time to the community and have started my own company. The judge not only reduced my felony to a misdimener he reduceded it to a count of not guilty. QUESTION: do i have to tell employers about the conviction even though it was later reducedto a not guilty?


Asked on 4/02/01, 3:19 pm

1 Answer from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: If a feloney conviction is later changed to a not guilty conviction after my

From your question, it sounds like the judge granted you relief pursuant to Penal Code section 1203.4, wherein your conviction is "expunged" from your record. IF THIS IS THE CASE, the following applies. (If it is not the case, then a different answer would be applicable.) Assuming this is the case, you can deny the conviction to anyone who asks with 4 exceptions. If you run for public office, you must admit the conviction. If you contract to do business with the lottery system, you must admit the conviction. If you apply for any state or local professional license, you must admit the conviction. And if you're ever busted again, they can use the conviction against you. However, there are some troubling trends in employment background investigations that are causing some problems in this area. I advise you to consult with a criminal lawyer before answering any question of this sort on any application for any reason. If you live in the LA area, you're welcome to call me at any time for a free consultation. Telephone: (310) 393-0639

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Answered on 6/05/01, 11:27 pm


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