Legal Question in Criminal Law in California

Expunged means erased, removed, so you do not have a recorded history of having committeed a crime.

Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code �1203.4. So, when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. This is discussed here:

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm#whatdisdo

On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED." In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime.

Generally, an employer may not ask a job applicant to disclose information concerning an arrest or detention not resluting in conviction. (Lab. Code, sect. 1040-1044.) Employers may also not ask about convictois for most marijuana possession offense more than two (2) years old. (Lab. Code, sect. 432.8.)

Records are forever. Expungement does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. 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 licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction.