Legal Question in Criminal Law in California

Hello my name is Karen,

Let me begin by first saying Thank you for your time...Now, I presently live in California and I am getting ready to move to Texas within the next few weeks, the job that I am looking at in Texas( animal control officer ) some of the cities ( or maybe all of them) could possibly do a background check on me..If I have felonies on my record and they are all taken care of, will they be able to see them in texas and if so what if i were to get it all expungend will that make a difference? Thank You Karen


Asked on 9/29/10, 3:17 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

See them? Of course. That's the whole purpose of the DOJ criminal records database. Records are forever. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing and employment, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

Read more
Answered on 10/04/10, 3:51 pm


Related Questions & Answers

More Criminal Law questions and answers in California