Legal Question in Criminal Law in California

The section of the California Penal Code that provides for expungements and/or dismissals is 1203.4. It does not make the conviction disappear. it dismisses the case after conviction. So the conviction is still on your record and is still part of your background. Generally only certain types of employers can get the information regarding the conviction. However to think the conviction disappears is completely wrong. It does not. Also a lot of applications now provide that any convictions expunged or dismissed under CPC 1203.4 must be disclosed. It is never a good idea to lie or conceal the information regarding a conviction on any Job application. Further people need to be aware that when applying for positions with government agencies or for licenses of some sort that are issued through a government agency the application generally will specifically state that any felony (and sometimes also misdemeanors) convictions dismissed or expunged under 1203.4 must be disclosed. There are some government agencies where a felony will not disqualify someone from employment. However, I will not deny that felony convictions disqualify people for a lot of different jobs and licenses. There is simply no getting around that fact. However, there are also a lot of jobs that are open to people who have a felony conviction on their record. In fact I know of many employers that are looking for an honest answer to the question and it is not the conviction that will disqualify the applicant for the job. However if an applicant lies and is subsequently hired and the employer finds out they lied on the application it is usually grounds for immediate dismissal and it does not matter how long someone has been in the job. So be honest on the application. Practice your response so you can be prepared when the issue arises with a potential employer. There are a lot of job consultants who can assist people applying for work with an appropriate response in such a situation.

It is also important to know that 1203.4 does give back a convicted felony their citizenship rights. For example they still can not own or posses a gun or ammunition or have access to it. They also still are not allowed to vote. It is important to consult an attorney regarding the restrictions that still apply even when a 1203.4 is granted. Consult an attorney in your area and they will be able to provide you with a much more detailed answer.

Good Luck

Brian McGinity

The information exchanged has not created an attorney client relationship and there is no attorney client privilege associated with the communication and between the parties as a result of the communications. The information provided is based upon the general principles of law and is not and should not be considered legal advice. For any legal advice you should contact an attorney for a consultation. There is no way to give an accurate reply in a public forum such as these.

Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.