Chicago, IL asked in Criminal Law for California

Q: How do I get help with getting my record expunged or sealed when I am out of state that the Chargers are in California

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: a California lawyer can do that for you.

most things other than juvenile can not be sealed but expungement is possible with many charges.

An expungement allows you to reopen your criminal case, set aside the conviction and dismiss the case. As a result, your criminal record will no longer show the conviction. However, the expungement will continue to appear on your record. It is important to note that the expungement does not clear from your record the fact that you were arrested or that charges were filed.

Following a successful expungement, if a potential employer asks if you have ever been convicted you can honestly answer “no”. Keep in mind, though, that background checks typically go back 10 years, and employers can see that you had a conviction dismissed. Answering "No" may look dishonest. A better response may be "Yes, expungement granted."

If you are applying for a government job, a job that requires a security clearance, or a job that requires a government-issued license, certificate or permit, the conviction will likely be discovered during the standard background check. You should disclose the conviction and expungement in these situations.

If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement.

The conviction can still be used against you in future criminal proceedings and by the DMV for purposes of suspending or restricting your license. A successful expungement does not relieve you of any prohibition on the ownership or possession of firearms resulting from the conviction

HOWEVER: If you are applying to a non-governmental entity, you may legally answer no to a question asking if you have ever been convicted (unless you have other convictions not cured by 1203.4). You must also disclose the conviction if running for public office or applying to run a state lottery, as well as licensing, such as when you renew your real estate license.

You can state truthfully that you were not convicted (except for certain gov't positions, licenses, and employment with the CA lottery). If anyone looks at your criminal record, they will see that you were charged but the counts were dismissed pursuant to PC 1203.4.

You must disclose the conviction when applying for a state-issued license. To private employers, you may say no

UNDER NEW CASE LAW IN CALIF: THE EMPLOYER CAN NOT BASE EMPLOYMENT ON A CONVICTION (UNLESS JOB REQUIRES DRIVING)

NOTE: AFTER ½ TERM OF PROBATION imposed by court IS UP, you CAN FILE FOR EARLY TERMINATION AND EXPUNGE. It is far from automatic.

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