Legal Question in Criminal Law in California

Hello,

I am interested in becoming a police officer in CA. The one and only mar on my record is a 235(a) (alcohol to a minor), from July 2001....13 years ago.

How likely is it that I can get this charge expunged, upon request, and if it were to be expunged would I still have to answer "yes" to the "have you been convicted of any crimes" question?

My very rudimentary understanding is that "expunged" does NOT mean "erased completely". In other words agencies, such as police departments, will still be able to access this record. If my understanding of this is correct, would getting the record expunged even help at all, given the PD will still be able to see it?

I believe I came across something online suggesting that an expunged record in CA means the status will change to a plea of "not guilty". If that is in fact the case, I'm not sure how I'd go about answering any questions regarding criminal history.

Gray area---could use some help!

Thanks very much for your time,

J


Asked on 5/31/14, 7:01 am

3 Answers from Attorneys
Joe Dane Law Office of Joe Dane

California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case off your record, but it adds a notation that the case was dismissed. That allows you to tell most employers that you have not been convicted of the crime, but it remains on your record and still counts as a prior conviction.

The biggest exception to not having to disclose the dismissed case is when applying to be a peace officer. You would still have to disclose it. Getting it dismissed shows you're rehabilitated and put your past behind you, but they will still know about it.

Is it going to cause problems? Of course. But it's not the worst if the worst and it's from over a decade ago. I'd suggest talking to the departments you're interested in to see if they give encouraging or discouraging words.

Please pardon any typos - posted via mobile device.

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Answered on 5/31/14, 7:27 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Dane.

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Answered on 5/31/14, 4:39 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Mr. Dane and Mr. Roach are right. Police departments are allowed to hire an applicant with an expunged conviction, but they are also allowed to reject him because of it. Some department might do so as a matter of policy. Most, though, would look at the specific circumstances. The passage of so much time would count in your favor. But the decision would depend on all their information about you, including the conviction and its subsequent dismissal.

Good luck

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Answered on 6/01/14, 2:24 pm


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