Legal Question in Criminal Law in California

The good news is that it is illegal to deny you a job or any other benefit based on a marijuana citation after a certain period of time. The bad news is the time period is two years.

A misdemeanor remains on your record, until you have it expunged. Expungement involves filing a petition with the court, once all of your probation is completed, that changes your conviction to a dismissal. This allows you to answer "no" to certain kinds of employment questions from private employers, but you still have to admit it when apply for any kind of government licensing.

Records are forever, and priors may count as 'strikes' in future charges. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Motion to the court, but only 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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.