Legal Question in Criminal Law in California
I had a prior conviction when I was 19 in the state of CA. My conviction was expunged in 2004 under pc 1203.4. When I recently applied for a job, I got live scanned and the results came back as rejected. Is there anything I can do so that the live scan results come back as "cleared"?
2 Answers from Attorneys
There is no real expungement (erasure from the record) in California. P.C. 1203.4 offers a dismissal of a conviction, but that is simply an additional entry to the criminal history info. It does not remove any criminal history. If your prior conviction was a felony and at least seven years ago, you may want to consult with a criminal practitioner about seeking a Certificate of Rehabilitation. The C of R severely restricts employers from accessing and utilizing the affected conviction in employment decisions. The eligibility requirements are very specific and quite technical. By and large, the 1203.4 and C of R remedies are all that is available to clean up a prior criminal record.
No. Expungement does not 'remove' 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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