Lancaster, CA asked in Criminal Law, Education Law and Health Care Law for California

Q: I had a criminal record back 2007 but had been expunged last year will it hurt my work status?

Back in 2007 I was convicted wrongfully for 211 theft but I did the time then was released and dismissed but not completely since it still showed on my record when checked. But last year 2023 I was able to get it expunged I am working now and after a year of working with my employer my boss called me today saying he forgot to follow protocol and do my tb testing physical exam along with live scan background. I am a bit nervous bcuz I don’t know how the expungements work. Can someone help me please

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Having your record expunged generally means that the conviction is set aside, and you can legally answer "no" when asked if you've been convicted of a crime. This should help reduce any negative impact on your employment. Employers are typically limited in how they can use expunged records, especially for positions that don't specifically require a background check related to your past conviction.

However, certain jobs, particularly those in education, healthcare, or positions requiring security clearances, might have different requirements. Your employer requesting a live scan background check along with TB testing and a physical exam is part of their standard protocol to ensure workplace safety and compliance with regulations. Since your record has been expunged, it should not affect your current employment status, but it's important to communicate this status to your employer.

To ease your concerns, you might want to provide documentation of the expungement to your employer. If the background check still shows the expunged record, you can consult with a legal professional to ensure that your rights are protected and that your expunged record is properly updated in all relevant databases. This can help clarify any misunderstandings and reinforce your standing with your employer.

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