Legal Question in Criminal Law in California

I have a misdemeanor on my record. Unlawful Sexual intercourse with a minor 3 years younger. We were dating when I was 20 and she was 17. The crime is listed as having taken place in 2012 and the Conviction was last year when I was 22. I hadn't spoken to her in years. I wasn't even questioned by an officer until 2013. I found out later that her mother accused me of rape. The girl said nothing happened, but I stupidly admitted to the officer what we had done. Obviously that was stupid because my PD was even mad at me for having said anything. Anyway, I got a fine and a misdemeanor on my record.

At the time of the conviction I had a really good job, and they didn't mind. I was a top performer. I had just moved to Phoenix and was getting my life together. Unfortunately, the part of the company I was working for relocated and laid off everyone just last month. I wasn't worried. I got a new, better job, right away, but a few days before I was due to start, they called me saying they could no longer hire me due to my background check. This being my first job after the conviction I was surprised. After getting all the info I started applying again and have let the interviewers know about my misdemeanor. Typically I've gone all the way through the process, receive an offer and then upon informing them about what would show up on a background check I'll get a rejection letter the next day. Most recently I actually got a job, was told by the recruiter it shouldn't matter, and worked for a week until they called me into HR to tell me my background check came through and they had to let me go. I'm honestly terrified and I'm running out of money to survive. I won't make enough on full time minimum wage to cover all my bills.

My question is, is there anyway to get the record sealed? Or any programs or something that can help me get a reasonable wage job? I'll even do manual labor but there seems to be so many restrictions that I feel like I'm running out of options. My problem isn't getting a good job. I'm qualified. It's keeping the job with the misdemeanor. The best thing I can think of is making it so it's off the record. What are my options?


Asked on 7/05/15, 4:16 am

2 Answers from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

If your conviction was in California you may be able to get your convection removed. In order to do that you have to have completed your term of probation. There is a process whereby your plea of "guilty" or "no contest" is withdrawn, a plea of "not guilty" is entered and your case is dismissed. The file is removed from the public record and when you are looking for employment the conviction no loger appears. There some limitations to that option so you should speak with an attorney or contact you local Clean Slate program to get the specifics related to your case.

Good luck,

Elena Condes

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Answered on 7/05/15, 7:19 am
Joe Dane Law Office of Joe Dane

You may hear the term "expungement". 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.

I disagree with the other answer in that a 1203.4 dismissal does not "remove it from public view". It still remains on court websites, background checks, etc.

The good news for you is that it sounds as though you're applying to large corporations. If they'd the case and you get the dismissal, many reputable background check companies will not even report the dismissed conviction to the employer. Under California law, an employer cannot consider a dismissed case for employment or promotion - that's why they don't report them to the employer.

I don't know, however, if that same law applies to other states. You'll need to discuss with an attorney that practices there to clarify.

Good luck.

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Answered on 7/05/15, 10:03 am


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