Legal Question in Criminal Law in California

It never ceases to amaze me the frivolous and stupid grounds on which employers reject qualified applicants. I think it is a reflection of the economy and the job market in specific. If you have 100 resumes for each applicant, what a neat, no-brainer way to cull the list down, huh? Cuz, after all, nobody who drank a beer at age 20 could possibly be a good bank teller, or IT manager, right?

What you can do? Well, the easy relief is to move under 1203.4 of the Penal Code to vacate the conviction and dismiss the charge. But that won't help in your stated situation.

After a 1203.4 is granted, if an employer asks you if you've been convicted of anything, you can legally say "NO." Then they say, "Well, we have to verify" so we'll do a DOJ check on your background. That report will show the arrest, the charge, the conviction, the motion under 1203.4 and the vacating of the conviction and the dismissal. Not a lot of help when they check.

How long will it be there? Indefinitely. Hopefully, when the job market gets back to normal, employers won't be so crazy. And all employers even now are not that crazy. I know a young man who had a minor trespassing conviction and just found a great job. They knew. They didn't care. Others won't as well, so keep looking.

Good luck.