Legal Question in Employment Law in California

How do I get 2 misdemeanor counts of 2nd degree burglary and forgery with a fine of $155 from 2005 dropped so I can work for the DOE?


Asked on 8/26/11, 5:26 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You can't get them 'dropped'. However, some convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. Expungement will help in obtaining and keeping employment. 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 applications 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. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 8/26/11, 6:45 pm


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