San Diego, CA asked in Employment Law for California

Q: I had 2 felony convictions in 1986 and 1987 booth were expunged do I need to tell employers that they were expunged

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2 Lawyer Answers

A: In California records are not expunged. They are dismissed. That means the information is never removed from your public record. It just means that the public record discloses the prior conviction and also the dismissal. Depending on whether you dismissed the conviction using the correct statute, that statute says that the conviction cannot be used against you by most employers and the the convictions must be treated as if they did not occur. That is a very big difference between dismissal and expungement. If an employer uses that information to engage in an adverse employment action, you can they sue the employer. Good luck to you.

[And please note that the other answer here by Mr. Arrasmith is simply wrong. It was "AI assisted" and the AI got it wrong. Be careful, AI is not all it is cracked up to be. Even this posting attorney buries at the bottom of his fine print disclaimer on another Q&A site that "artificial intelligence is oftentimes incorrect and should certainly not be relied upon in any way, shape, or form." Take heed.

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James L. Arrasmith
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Answered

A: In California, once your felony convictions are expunged, they are generally removed from your public criminal record. This means that on most job applications, you are not required to disclose these expunged convictions. When asked about your criminal history, you can indicate that you have not been convicted of any crimes, as the expunged records are considered cleared.

However, there are specific circumstances where you might need to disclose expunged convictions. Certain positions, especially those in law enforcement, education, or roles that require a high level of trust, may require full disclosure of your criminal history, including expunged records. It’s important to carefully read the application questions and understand the requirements of the job you are applying for.

To ensure you are complying with all legal obligations, it may be helpful to consult with a legal professional. They can provide guidance tailored to your specific situation and help you navigate any complexities related to your employment applications and expunged records.

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