Legal Question in Criminal Law in California

Today I was approved to work with a local casino in their audit department. I was given a background check packet to fill out because I will need a gaming liscense to work the entry-level office support position.

There is a lot of information on my livescan report (I did one on myself to see what was on there). Am I required to report the two deferred entry of judgement cases that I completed successfully? Isn't it true that a juvenile conviction doesn't have to get disclosed? Also - how long does it take for the DOJ to correct a charge that they have listed incorrectly (It says F but I sent official county paperwork proving the charge was a M. The paperwork was sent on 5/8/12)?

It has been 7yrs since I've been convicted of a crime. There were two F convictions that got reduced to M while I was on probation, then were expunged later that I also don't know how to report. Any advice? Is there a service that could assist me in this application or some kind of agency?


Asked on 5/22/12, 5:59 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Your criminal contains every arrest and every conviction and every DEJ / dismissal, forever. Background checks will show them.

Juvenile records can be sealed and actually destroyed sometimes.

If you have already expunged your convictions, you are done. Nothing more can be done.

However, if not, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement, courts, background checks, etc. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for licensing by any state or local agency, 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 and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.

DOJ 'correction', if at all, will take however long they want in the processing queue. It is a bureaucracy, a slow one. Months likely.

If you�re serious about getting legal help for these things, feel free to contact me for the legal help you'll need.

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Answered on 5/22/12, 10:31 pm
Anthony Roach Law Office of Anthony A. Roach

If you are applying for a state licensed position, you need to report everything, regardless of the fact that it was expunged or a DEJ. Read the section labelled "What a Dismissal will do" on this page: http://www.courts.ca.gov/1070.htm

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Answered on 6/03/12, 11:02 pm


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