Legal Question in Employment Law in California

What is the time frame for potential employers to hold past misdemeanor convictions against someone in the state of California? I have a past conviction from ten years ago.


Asked on 6/08/10, 12:36 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Forever.

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 there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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.

Read more
Answered on 6/08/10, 5:08 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California