Santa Maria, CA asked in Criminal Law for California

Q: Is there any way that I can destroy my old record I have 2 misdemeanors and it happened 2012?

I have them expunged/ dismissed but since I'm working for a care facility it will still show up in my background. I just want it to be totally removed from any government agencies. Help me pls.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand you're looking to completely remove your past misdemeanors from your record. Here's some key information about record destruction in California:

1. Expungement vs. Destruction: While you've had the records expunged/dismissed, this doesn't erase them completely. Expungement generally means the conviction is dismissed and the record is updated to show this, but it doesn't physically destroy the record.

2. Limited Options for Destruction: In California, complete destruction of criminal records is very rare and typically only available in specific circumstances, such as:

- Arrests that didn't lead to conviction

- Juvenile records (in some cases)

- Some marijuana-related offenses after recent law changes

3. Background Checks for Care Facilities: Care facilities often have access to more comprehensive background checks due to the sensitive nature of the work. Even expunged records may still appear on these checks.

4. Alternatives:

- Certificate of Rehabilitation: This doesn't erase the record but can demonstrate rehabilitation.

- Governor's Pardon: In rare cases, this can lead to record sealing, but it's not guaranteed and is difficult to obtain.

5. Legal Advice: Given the complexity of your situation and the specific nature of care facility regulations, it would be best to consult with a criminal defense attorney who specializes in record clearance. They can provide personalized advice based on the details of your case and current California law.

6. Disclosure: In some cases, being upfront about past offenses and demonstrating rehabilitation can be more effective than trying to hide expunged records.

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