Legal Question in Criminal Law in California
Rights when a case is Expunged?
My question is this: Am I legally entitled to list a misdemeanor offense, for which I plead no contest to over 6 years ago, on an employment application? What legal rights does Expungement carry?
Is this the same as a juvenile offense, which I'm told is ''sealed'', I have one of those also and was wondering about that too, since its kind of the same.
Any help would be appreciated.
3 Answers from Attorneys
Re: Rights when a case is Expunged?
You should hire counsel to get the conviction expunged so that you don't have to list it. The expungement acts as a withdrawal of the guilty plea and a dismissal of the case, no conviction remains on your record. Call if interested. 714-960-7584
Re: Rights when a case is Expunged?
Your question is unclear. However, it is my understanding that an employer require you to list misdemeanor convictions, in most cases.
Expungement is not the same as having a juvenile record sealed. Expungement removes the conviction from your record for most prospective employers. It does not prevent state licensing boards from obtaining the information.
Your juvenile record can be sealed. If the juvenile conviction was a felony which could have been charged as a misdemeanor you should investigate the possibility of having it reduced to a misdemeanor and then have the record sealed.
Re: Rights when a case is Expunged?
If the record has not been expunged, you must say that you have been convicted. An expungement allows you to deny that you have ever been convicted. As for a juvenile record, you have to make sure that it has been sealed. Some offense automatically get sealed and some do not. You must confirm that it has for you to say that you have not been convicted.
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