Expungement in California - real thing or just a myth?

joe51 · #1 10-04-2003, 01:32 PM

I am just wondering is expungement can really seal off your record from perspective employers. I had 3 felony arrests 9 years ago, and they all were reduced to misdemeanor charged, and I was convicted of 3 misdemeanors on each occasion. In total, I have 3 separate incidents.

I have served my probations and applied for expungement under California law. I was granted expungement in all 3 cases. However, I am wondering if employers can still access my record. Technically, conviction has been removed, and the public record says "dismissed pursuant to CA PC 1203.4" - which is the same thing as "was convicted as charged, and later expunged".

Did anyone have a similar situation? Thanks.

poohzzgirl · #2 10-11-2003, 01:19 AM

Hi Joe,

This is how it works. Once you are granted the expungement, regular jobs in the public sector can longer see that you were ever convicted of a felony, but there's a catch. Jobs in the private sector, such as state and federal jobs are still able to access this information. So if you just plan to work for a company then you should be fine. Good luck!!

Monica

egs · #3 10-11-2003, 08:42 PM

I don't know if this varies from state to state but in NJ, this was my recent experience. An applicant was told by his attorney that his record was expunged and he could answer "no" to the felony question on the application. Wrong answer--all three of his felonies showed up when a background check was done. He was not hired b/c he lied, not b/c of his prior convictions.

goneSTRAIGHT · #4 10-29-2003, 08:24 AM

Anyone know if expungement is applicable to both misdemeanors and felonies in California?

tropical1 · #5 10-29-2003, 08:33 AM

in las vegas sealing a record just shows record sealed so they know something happened just can not acess it. i have that for completeing drug court there, but when i look it up it says this record is sealed which i am happy i do not have a felony however someone else looking would see SOMETHING has occured. so if someone says have you ever been arrested i would have to say yes but convicted of a felony would be no on a application. reallt it depends on the company here in oregon i applied as a caregiver a while back and they said i lied about something and i do not know what they were talking about and it was 1978 disorderely in public not even a felony was a ticket and yes i did forget to list it because we are looking at almost 30 years ago, so it depends on what they are looking for.

carol

Searcher · #6 10-30-2003, 06:27 PM

This is a State by State isssue, to get the answer either look up your States Web Site and go to government (most states have all the statues online) or call the court the person was convicted in (or any Superior Court for that matter) and they should have forms they can send you on applying for this and it will include the statue and what it all means. In my State one applies for a Pardon (after 5 years from conviction)and if they reside in my county I have 2 months to investigate and send the Governor a report with reccomedations. I just did one a few months back on a guy wanting a Pardon for a Felony Criminal Threatning with a Dangerous Weapon on a Police Office and he got his Pardon. It usually helps when a Governer is on his way OUT of office!!

prisonkidswife · #7 11-23-2003, 01:08 AM

I am not sure about California, but I applied to have my PCS felony expunged in Oregon after 5 years, now it is sealed as if I never had a record. I couldn't believe it either until one day I got my letter.