Legal Question in Criminal Law in California

If one was convicted of a felony possession of marijuana in Florida and then moves to California and lives there for 2 years. Would the charge be expunged or viewable by California employers?


Asked on 3/23/11, 4:09 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Are we talking baggies or boxcars? There is no standard definition of the term "background check" so it's anybody's guess whether they would find it. Whether the charge would disappear by itself (doubtful) or could be expunged is a question for a licensed Florida attorney.

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Answered on 3/23/11, 4:13 pm
Terry A. Nelson Nelson & Lawless

Records are forever. Even if expunged, it does not disappear, and can be seen in records checks.

I don't know about Florida law, but under CA law, many CA felony and misdemeanor convictions [and now recently included are infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.

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Answered on 3/23/11, 6:20 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Stone that the nature and extent of background checks vary between employers. It would definitely show up if you applied for any government job.

You would have to consult with an attorney in Florida to determine whether you can have your record expunged or cleared.

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Answered on 3/24/11, 8:25 am


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