Legal Question in Employment Law in California

About 2 years ago I was charged with petty theft. I pleaded no contest and was hit with a misdemeanor then changed to a infraction. I am wondering if this infraction would show up on a back ground check. If so how would i be able to expunge it or get rid of it from my records?


Asked on 4/14/10, 7:24 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

ALL arrests and convictions 'show up'. Records are forever.

However, many felony and misdemeanor convictions [NOT infractions] can sometimes be 'expunged' by proper application and Motion to the court, but only if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need. If you were actually convicted of only an infraction, there is no expungement. Check you court records to verify.

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Answered on 4/20/10, 9:47 am


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