Legal Question in Criminal Law in California

Your record was not "set aside under Penal Code Section 1203.4." It was set aside under Ohio Section something-or-other, therefore they have not asked you to include it, and therefore your truthful answer would be "No."

I disagree with Mr. Stone. The plain language says you must disclose any conviction, anywhere, even if expunged in Calif. That is a requirement on all professional licensing applications in CA. That instruction language also would imply that they require disclosure of expungement in other states. Your FBI background check will certainly show the Ohio conviction along with whatever withdrawal or reversal action was actually taken, just like it would show a Calif expungement if done here. If you don't disclose it on the application, you will likely be considered to have perjured yourself and be permanently disqualified from licensing. Your conviction may or may not disqualify you, depending upon what it was for, but perjury is sure to. You have a 'rock and hard place' problem. I suggest you call the licensing agency and ask an 'anonymous' question for their opinion on your specific charges and conviction. Many will answer them.