Legal Question in Criminal Law in California

Re: Penal Code 1000

Penal code section 1000.4 indicates that disclosure of the arrest is required only if applying for the position of peace officer. see below.

1000.4. (a) Any record filed with the Department of Justice shall

indicate the disposition in those cases deferred pursuant to this

chapter. Upon successful completion of a deferred entry of judgment

program, the arrest upon which the judgment was deferred shall be

deemed to have never occurred. The defendant may indicate in

response to any question concerning his or her prior criminal record

that he or she was not arrested or granted deferred entry of judgment

for the offense, except as specified in subdivision (b). A record

pertaining to an arrest resulting in successful completion of a

deferred entry of judgment program shall not, without the defendant'

s consent, be used in any way that could result in the denial of any

employment, benefit, license, or certificate.

(b) The defendant shall be advised that, regardless of his or her

successful completion of the deferred entry of judgment program, the

arrest upon which the judgment was deferred may be disclosed by the

Department of Justice in response to any peace officer application

request and that, notwithstanding subdivision (a), this section does

not relieve him or her of the obligation to disclose the arrest in

response to any direct question contained in any questionnaire or

application for a position as a peace officer, as defined in Section

830.