Legal Question in Criminal Law in California

Certificate of Rehabilitaion

I had a terrorist threat conviction 1999. I was granted an expungement in 2004, and Certificate of Rehabilitation in 2008.

I applied with a volunteer service caring for the elderly, and I was rejected despite expungement and Certificate of rehabilitation.

Question: Why haven't expungement and certificate of rehabilitation made any difference in eligibility for hire?


Asked on 7/19/09, 5:25 pm

2 Answers from Attorneys

Jay Leiderman Leiderman Devine LLP

Re: Certificate of Rehabilitaion

Some types of jobs are allowed to "go behind" expungements and certificates of rehab. Banks, government jobs, and nursing are some examples of such jobs. Your job may fit the nursing exception. If it does, I am truly sorry, and perhaps speaking with the potential employer will help, as your exemplary life since your conviction should count for something.

Good luck.

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Answered on 7/19/09, 6:32 pm
Terry A. Nelson Nelson & Lawless

Re: Certificate of Rehabilitaion

Because this is an 'at will' employment state where employers get to decide who they don't want as employees, and they are free to chose not to hire people with criminal records. And, because your expungement and rehab cert do not magically 'clear' your record. Records are forever. Yours simply shows expunged and rehab cert, which employers can see when they do a background check. In addition, you are required to fully disclose your record for govt certificates and licenses, bonding, security clearances, and for employment in health care and other occupations, etc, etc. Failure to do so is deemed perjury and grounds for immediate disqualification from employment. The record changes you obtained will allow you to say 'no' to conviction on most private employment applications. That will help you.

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Answered on 7/19/09, 6:59 pm


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