Legal Question in Employment Law in California

I thought my records were sponged from 16yrs ago and now that I applied to work at ucberkeley they are asking me to show proof of my records being sponged because everything from the time I was 18yrs old showed up and they gave me a adverse action letter

what can i do since it has been such a long time


Asked on 6/24/14, 10:56 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You apparently never understood what expungement meant.

Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. Expungement does change the court record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses with the courts and DMV. Expungement will help in obtaining employment. When applying for most jobs in the PRIVATE sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. The licensing agency and employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

Read more
Answered on 6/25/14, 12:16 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California