Legal Question in Criminal Law in California
If I had a felony expounged and my employer is requesting a live scan will it still show on my record?
2 Answers from Attorneys
Yes. An expungement under 1203.4 only puts a notation on your criminal history that the conviction was dismissed pursuant to Penal Code section 1203.4.
You may legally tell your employer that you have not had any convictions, but you may want to consider disclosing and being candid about the case since it will be on your record via a live scan report.
I concur with Mr. Dane, unless the "expungement" you are talking about was a factual innocence petition regarding a felony arrest, but I think you mean a conviction and a 1203.4 as Mr. Dane also assumed. So, no. You are best off disclosing if you think they will run a DOJ check on you. Better to explain it than to let them find out the hard way.
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