Legal Question in Criminal Law in California

It depends on how the question in the application is worded.

exactly what I was going to say ;)

Records are forever, your conviction doesn't fade away with time. If the question is clear and specific, ifyou lie on the application you'll be immediately fired when the employer learns you did. Expungement can change that sometimes.

While the general rule is �Records are forever�, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction, but does change the record to show an arrest with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement does not restore firearm rights lost because of felony conviction. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc].

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for legal help doing so.

If you have been convicted of a felony, that was not a wobbler that has been reduced to a misdemeanor, or a straight felony for which you have been pardoned, then you should have disclosed it on your employment application. The misrepresentation on your employment application gives the employer grounds to terminate your employment.