Legal Question in Criminal Law in California

Question regarding a 2 year old misdemenaor that was "expunged" and I'm looking

I was convicted of a misdemeanor 2 years ago (Solicitation- not sure of the CA penal code #). after completing my community service obligations and paid my fine and completed my 1 year probation, i was advised that i could have my charge "expunged". I processed the paperwork through the court and received confirmation that it was "expunged". I am now applying for a new job and on the employment application it asks me if i have been convicted of a crime in the past 10 years....do I need to answer "yes" to this even with the charge "expunged"? Or can I answer "no"?

thanks for your help


Asked on 9/28/00, 3:04 pm

1 Answer from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: Question regarding a 2 year old misdemenaor that was

You have the right to answer "No" to the question if your conviction was "expunged" pursuant to Penal Code Section 1203.4. Check the paperwork you got back when you did the "expungement" and see if the order was pursuant to PC section 1203.4. 1203.4 gives you the right to deny the conviction for all purposes except 4: an application for a state or local professional license, if you run for public office, if you contract to do business with the CA lottery system, or in the event of another criminal prosecution (in which case the old, expunged conviction can be used against you).

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Answered on 10/26/00, 10:57 pm


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