Legal Question in Criminal Law in California
If I was previously convicted of a crime in California and that crime has since been dismissed do I need to list those previous convictions on future job applications and what will an employer see if a background check is ran?
3 Answers from Attorneys
The best answer comes from the California courts' own website, which addresses frequently asked legal questions. I suggest you read this page: http://www.courts.ca.gov/1070.htm.
The specific guide as to what to answer is set forth in the section labelled "What a dismissal will do."
If by dismissed you actually mean expunged, then the conviction was withdrawn and the charges dismissed.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 specifically does NOT restore firearms rights lost due to felony conviction. 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, 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.
as has been said, "dismissal" is a term of art which is sometimes used non-artfully ... it matters exactly what status the case is in and why. Never filed (rejected for prosecution,) dismissed after filing for some type oflack of evidence, "dismissed" (acquitted) after trial, expunged after conviction ... these are different statuses and have different consequences.
By the phrasing, my guess would be you mean "expunge," (since you use the term "previous convictions") and if so, Mr Nelson has covered that. Generally that change in status is useful for private employment.
Mr. Roach has covered the option if it is a true dismissal.
good luck!
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