Chino Hills, CA asked in Criminal Law and Employment Law for California

Q: Ca expunged misdmeanor in 2010. Original conviction In 2008. New employer running LiveScan. Can they use against me?

Related Topics:
2 Lawyer Answers

Steven McNicholl

  • Criminal Law Lawyer
  • Licensed in California

A: After a crime is expunged, the fact that it was expunged will still remain on your record and is likely to still show up in a background check.

Michael J. Ocampo

  • Criminal Law Lawyer
  • Tustin, CA
  • Licensed in California

A: No.

In general, employers are legally prohibited from asking an applicant if he has an expunged conviction on his record.

However, for some jobs, an applicant must disclose his conviction, even if it was expunged. For instance, persons applying to the military and to work within the criminal justice system must disclose their expunged convictions. So, too, must those seeking a state license in order to work, such as a nurse, a pharmaceutical technician, or an architect. Labor Code 432.7(e), Penal Code 1203.4(a)(1).

If an employer discovers an applicant's expunged conviction, the employer is legally prohibited from discriminating against the applicant because of it. Labor Code 432.7(a)(1). Although an employer is not supposed to screen out applicants who have expunged convictions, enforcement of this rule can be challenging.

But even if an employer discovers an applicant's expunged conviction, that's not necessarily a bad thing.

An expungement communicates that an applicant accepted responsibility for his misconduct, paid his debt to society, and refrained from criminal activity for several consecutive years. It's proof of the applicant's sincerity to reform. Often, the granting of an expungement is discretionary--a judge can choose not to. But by earning an expungement, an applicant has demonstrated that he has rehabilitated to the satisfaction of a judge.

Expunging your conviction will by no means guarantee that you get the job. But your chances of advancing to the interview are much better now than if you had not received the expungement. In essence, the expungement has put you back on a level playing field with all of the other applicants.

Should you be invited for a job interview, your expungement will allow you to discuss your conviction, as well as the strides you’ve made since, with confidence. In fact, a willingness to openly address your expunged conviction demonstrates courage, transparency, and forthrightness, character traits that most employers appreciate.

Best of luck.

Michael J. Ocampo, Attorney at Law

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.