Legal Question in Criminal Law in California
Once misdemeanors have been expunged, generally how long does it take for that to be reflected in my background check? Also, how do the background checks appear after an expungement? Are the initial convictions erased? If not, will the background checks still return with "flagged orders"?
1 Answer from Attorneys
Records are forever. Expungement does not 'remove' or 'erase' 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' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.
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