Legal Question in Criminal Law in California

Your second question is simpler, so I'll answer it first. There are many companies that do background checks, but all use the same public records. You can go to the courthouse where your conviction occurred and see what's available; some counties also have court records online. There may also be information on your credit reports, which you can easily obtain, sometimes for free. Your criminal history report, or "rap sheet," is not available to the general public, but you can obtain a copy through the Attorney General's office in Sacramento. www.ag.ca.gov

The first question is harder to answer, and there is some disagreement among attorneys around the state.

Under Penal Code �1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. It will not remove any restrictions on your right to own a firearm or relieve you of the requirement to register as a sex offender. The conviction can still be considered a prior offense; for instance, a prior theft conviction could make any future petty theft a felony, or a prior DUI conviction could be used to increase the punishment in subsequent DUI convictions.

California Labor Code �432.7 says employers can't ask about any arrest that didn't result in a conviction, inquire about it from other sources or use it in a hiring decision.

Some attorneys interpret this Labor Code section to mean you don't have to disclose a conviction that was dismissed under Penal Code �1203.4, but I usually advise clients to disclose it, with an explanation that the conviction was subsequently dismissed.

There was a lot of discussion about "expungements" in the media recently, after Mel Gibson had his DUI dismissed under Penal Code �1203.4. Here's a link to an article with some good discussions about the limitations of 1203.4 relief.

http://tinyurl.com/expungement-is-no-clean-slate

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Lawguru, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

Many convictions can be 'expunged' by proper application and Motion to the court. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. Employers can research your record and find it, and they are free to deny you employment because of your record.