Legal Question in Criminal Law in California

teaching with an expungment

If a person has had a felony 243.4(a) and it has been expunged through 1203.4 relief,with a Nunc Pro Tunc order that reduces and dismisses the charge can they still teach K-6 grade in the state of California? Isn't the charge a misdemeanor for all purposes? No jail time was involved, only probation (3 years) no registering as a sex offender. Time frame ten years prior to now.


Asked on 11/12/00, 5:14 am

2 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: teaching with an expungment

If the charge was reduced to a misdemeanor and expunged per 1203.4, then it is a misdemeanor for all purposes. I don't know what Barry Sands is talking about in his prior response. However, one of the exceptions to 1203.4 is that you must admit the conviction (albeit as a misdemeanor) in any application for a state or local professional license. A teaching credential is just that. So 1203.4 expungement doesn't help you in this situation.

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Answered on 11/20/00, 2:56 pm
Barry Sands Barry Gerald Sands- Criminal Defense Lawyer, Inc.

Re: teaching with an expungment

SIR: this is a complex problem..the charge was never reduced b 4 it was dismissed. it remained a felony. i dont believe a teacher can teach with a felony ever.check with the school board.

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Answered on 11/19/00, 9:28 pm


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