Legal Question in Employment Law in California

In 2005, I had a misdemeanor domestic violence charge reduced to disturbing the peace.

I have had the conviction expunged. I am aware that:

1. I can legally say "No" where a job application asks if I have ever been convicted of a crime

2. The arrest will still come up on a background check

Questions:

1. Is it true that the record disappears completely after 10 years?

2. Is there anything in addition to expungement that I can do to clear my record (i.e. have the record sealed)?

Additional questions (subjective):

1. Am I better off being upfront about the expunged conviction with a prospective employer? Or just answering "No" to the conviction question?

2. How likely is it that I would be denied employment somewhere, if otherwise qualified? I've been with the same employer for the past 11 years. They know about my record.

Sincere Thanks,

-Scott


Asked on 2/24/11, 3:17 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Records are forever, they don't 'disappear. Expungement does not 'remove' 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. Any employer that does a proper thorough background check will find the expungement, and it is up to the employer whether to hire or not, based upon whatever criteria they apply.

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Answered on 2/25/11, 11:25 am


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