Legal Question in Criminal Law in California
Is it true that after being granted expungements, the convictions remain on my background check? If yes, what is the purpose of filing for expungements, if my employers will be able to see the convictions regardless of being expunged or not?
3 Answers from Attorneys
"Expungements" don't truly expunge a conviction. It is more properly called a dismissal pursuant to Penal Code section 1203.4.
What's the purpose? If you look at California Labor Code section 432.7 as well as Penal Code 1203.4, it allows you to tell a private employer that you have not been convicted of a crime. Under LC 432.7, employers cannot use an arrest that did not result in a conviction against you.
Yes, they remain on your record, since they can still be used as prior convictions in court, etc.
The California Courts website has an accurate discussion of what expungement/ dismissal does for private employers here: http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm#whatdisdo
Of course. Expungement does not 'remove' or �erase� 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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