Legal Question in Criminal Law in California

I live in California, I have a felony conviction. I'm aware of the ICRAA for California that restricts criminal history from being reported if the charge is older then seven years. But my question is if I move to another state like Washington, if I get a background check is the ICRAA still in effect if and employer in Washington searches my background in the county I lived in when I was living in California?


Asked on 12/09/12, 12:20 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The ICRAA is a California law, applying only to CA employers and credit reporting agency reports, and has nothing to do with any other state you may go to. They may have their own. Your record is 'forever', and can be accessed under many circumstances by employers and others.

Some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting 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. You might consider doing that if you qualify.

If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. Expungement does change the record to show an arrest, charges filed, 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 or domestic violence restraining orders. 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], for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

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

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Answered on 12/09/12, 10:01 pm


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