Legal Question in Criminal Law in California

I recently had my misdemeanors expunged, yet my name still shows up in the online data base (criminal search index). The dispositions of my cases are updated with the current information: "DC" (dismissed after conviction). Legally, do I have any rights as far as requesting that my name be excluded from this data base? If yes, how? and if no, does it stay there indefinitely? I don't see the benefit of having my cases expunged, if the private employers I am no longer required to disclose my convictions to, can just hop on the computer and see everything. If someone could please shed some light on this disappointing situation, your feedback will be appreciated.


Asked on 7/28/11, 7:03 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You got it expunged. That is exactly how your record shows after expungement. There isn't anything else you can do. Expungement does not �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.

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Answered on 7/29/11, 11:51 am


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