Legal Question in Criminal Law in California

If the background check involves what is called "livescan," it sure will show up. You need to disclose expunged misdemeanors on anything that involves state licensing.

I disagree completely with Mr. Roach, above. But this question is a little more complicated than it may look. A provision of the Health and Safety Code provides that a possession of marijuana conviction "shall not be kept beyond two years from the date of the conviction,..." and "Any court or agency having custody of the records shall provide for the timely destruction of the records...." However, there are several exceptions to the rules, and your question doesn't give enough information to allow me to analyze your particular situation. If you'd like to talk to me (no charge) about this, please don't hesitate to call me. Good luck. Steve Mandell 310 393 0639

The infraction tickets for MJ possession are handled differently from misdemeanor convictions like yours. If yours shows on your permanent record, you'll have to deal with it by expungement.

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. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement, courts, background checks, etc. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. HOWEVER, you must disclose the arrest and conviction in any questionnaire or application for licensing by any state or local agency like medical, nursing, law, etc., and 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 and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction. 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.