Legal Question in Criminal Law in California

I was convicted in california of PC M487(A) but i got it expunged i just got hired as a custodian threw a charter school in san bernardino california but today i did finger printing for the school when my results come back can they fire me because of the charge even thow i got hired and its been 8 years of the conviction and then i got it expunged a year later and if they ask me about the charge do i legaly have to tell them about the conviction and if they fire me can i sue


Asked on 12/19/12, 5:22 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

If you mean PC487 subsection (a) grand theft, then the following expungement rules and discussion applies to you.

If expunged, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. Expungement does change the 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. Expungement will help in obtaining employment. When applying for a job 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], for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

In your case, you are running into prohibitions on employment of convicted persons under the education code that may bar you from employment in schools, as you have now found. Most applications for such jobs will clearly state that you must disclose and explain expungement. If you lied on your application and denied conviction when asked, you are fired for perjury, in addition to the ban of the education code.

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Answered on 12/20/12, 12:19 pm
Anthony Roach Law Office of Anthony A. Roach

You will probably be fired, especially if you lied about the conviction on your application.

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Answered on 12/28/12, 12:46 pm


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