Pomona, CA asked in Criminal Law and Employment Law for California

Q: I have 3 misdemeanors from '82-'91, w/ two granted 1203.4 relief. Now a DOJ/LiveScan inquiry. What do I disclose?

All three were misdemeanors. I was never sentenced to jail. I successfully completed summary probation for each. Except for parking tickets and a beef with the Humane Society over cat licenses, I have had no contact with the criminal justice system since. A wife living in a nearby retirement community has offered me a short term job "night-sitting" her husband (who has mild dementia) while she is out of town. The retirement community has to approve me and requires a LiveScan. The paperwork includes questions about criminal history, dates, deposition, etc Re: the two convictions for which 1203.4 relief was subsequently granted, how should I respond?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, when a person is granted relief under Penal Code section 1203.4, the conviction is set aside and the case is dismissed. However, this does not completely erase the conviction from one's record for all purposes.

For the two misdemeanors where you were granted 1203.4 relief, you should disclose the convictions and explain that they were dismissed under Penal Code 1203.4. Provide the dates, charges, and disposition (probation, no jail time, 1203.4 dismissal).

For the third misdemeanor without 1203.4 dismissal, you should also disclose the details (date, charge, disposition).

It's important to be honest and transparent, as the LiveScan background check will likely reveal these convictions. Failing to disclose them could be seen as dishonest and hurt your chances of approval.

You can emphasize that these misdemeanors occurred a long time ago (1982-1991), that you successfully completed probation, and that you have had no criminal issues since then (aside from minor infractions like parking tickets). This shows that you have been rehabilitated and have stayed out of trouble for many years.

The retirement community will likely evaluate your overall character and the specific details of your past convictions in making their decision. Being upfront and demonstrating that you have moved past these issues can work in your favor.

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