expunged

This is the only information we have on this subject at this time. Do not call or e-mail me asking about your situation and how you can get it expunged. Contact the referral service for your local bar association for an attorney who could specialize in this field.

First many departments state on the applications not to list offenses that have been expunged per penal code 1203.4 of the California legal code.

Although this does not actually seal the file and is always there.

This law is only in place for people with one time offenses. My former partner was charged by his ex wife of molesting their child so that she could get custody.

This is a long story, but after two trials that ended in mistrials, he was forced into bankruptcy & plead to misdemeanor registerable sex offense to get this night mare over.

Three years later he was able to get the charge expunged and I am glad to say he is a firefighter in Northern California.

The key is to never lie, but if a person's charge is expunged, he is released of all penalties and disabilities pertaining to a crime and is not required to ever list the offense again.

We all remember LAPD Officer Mark Fuhrman of the OJ trial. He was convicted of a Felony and one year ago he was able to get his charge expunged and now has a clean record and is permitted to carry a concealed weapon again.

Hope this helps!

Subject: Expunged Record of Conviction Defined

Here is the Penal Code Section that is being addressed. If you have questions, visit the State Law Page at:
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=8161718217+3+0+0&WAISaction=retrieve

Here is a summary for an adult conviction - I have done this and now I work on a Fire Department. You only get one chance, this is it. You must list a "yes" response to any question asked on any application regarding past arrests. If the app asks about convictions, consult with your attorney
and/or human resources, or a labor attorney.

Technically an expunged record clears the conviction
off the records, however, it may show up. I almost lost my job because I thought I did not have to answer in the affirmative, I told the Chief how & why I had answered "no", and he appreciated that fact - so much so that he challenged Human Resources and hired against their advice and that of the Police Background Investigator. Consider your answer carefully.

Some apps ask only if you have a conviction (Misd or Felony) - with expungement you have no conviction, however, it still may show up on the fingerprint check and you will have to defend it, in most cases it is sufficient cause to end the process - & you're out!

If the app states do not list expunged records, then do not list the conviction.

Second: If your record is a misdemeanor - the DOJ will purge your record after 10 years. If your record is a felony arrest with a misdemeanor conviction through plea or plea bargain, your record will indicate the felony arrest forever regardless of the expungement. If your arrest is a felony, with a felony conviction, the record will show and is not purged regardless of the court's actions.

GOOD LUCK> Use good sense, and spend a few bucks with an attorney or expert - your answer is the key to getting a job. A conviction will not bar you from a job, your attitude, ability to communicate, and remain objective (not defensive), will get you the badge. I got mine and was able
to prove my worth, and for the Background Investigator - a year later he told me he was wrong about his judgement of my case, we are good friends now and the Chief was right, no one would ever challenge his decision again.

Penal Code 1203.4a. (a) Every defendant convicted of a misdemeanor and not granted probation shall, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of
not guilty; or if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusatory pleading against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of which he has been convicted, except as provided in Section 12021.1 of this code or Section 13555 of the Vehicle Code.

Then this update from John:

Hi Capt. Bob,

You have an article on expungements (PC 1203.4) that is incorrect. What
gives? Someone has given you some incorrect information. E.g., "If a
potential employer runs a criminal check with DOJ, nothing will appear."
Contre my friend, this is not true. If a potential employer runs a criminal
check with the DOJ, the conviction will appear, annotated with the phrase
(similar) "Case dismissed pursuant to 1203.4."

Good luck and be careful; your reputation is at stake.

Let me know if I can be of assistance. John

John:

What is your opinion on what to do if the application DOES NOT state list all conviction even if they have been expunged. Do you recommend the candidates still list them.

Hi Bob,

No, I recommend that the applicant answer "No" if the application fails to
ask, yet it would be far and few between to find an application that does
not ask, less McDonalds and such. But the applicant must answer "Yes" in
regards to any question for public office, licensure by any state or local
agency, or for contracting with the California State Lottery.

California state law is explicit on this. California Labor Code Section
432.7 explains that an employer must not discriminate against an applicant
for a prior arrest that did not result in a conviction. Under Penal Code
Section 1203.4, the defendant's plea or verdict of guilty is set aside by
the judge and the conviction is dismissed. This means the defendant is no
longer guilty and there is no conviction, but the record continues to exist.
The DOJ receives the order of dismissal and makes an annotation at the end
of the defendant's record. So when you look at a defendant's record, all of
the arrest and conviction information will still exist, plus the court's
order of dismissal. The records should reflect something similar to
"Conviction set aside and case dismissed pursuant to 1203.4."

There are times when an applicant must decide whether to disclose his
conviction regardless of law. This is a personal choice and can be done
either on the application or in the interview. The applicant might answer
"Yes" to a conviction-on an application-but then disclose the conviction was
dismissed, usually in an area designated for additional information..

A consumer reporting agency-background reporting company-will, in all
likelihood, have access to a defendant's application, but they are under
Federal law not to disclose the conviction due to the 1203.4 dismissal. But,
lo and behold, they probably will. In this situation a defendant will have
to seek legal remedy with the Federal Trade Commission, if desired. I have
experience dealing with the Labor Board and the Unemployment Board, but I
cannot say for certain (at this time) the steps to take when dealing with
the F.T.C.

If an applicant, applying for a job, is terminated due to the dismissed
(1203.4 PC) conviction, he has remedy with the State Labor Board. If the
applicant is denied unemployment compensation due to being terminated for
his dismissed (1203.4 PC) conviction, he has remedy with the State
Unemployment Appeals Board. There is precedent with the Unemployment Board.

I hope this helps a little. Please let me know if I can be of any other
assistance, for there is much more information on this topic, and many are
unlearned on it.

Note: There is a distinction between the definitions of expungement and
dismissals, yet many do not understand and refer to dismissals (1203.4 PC)
as expungments.

John

The defendant shall be informed of the provisions of this section, either orally or in writing, at the time he or she is sentenced. The defendant may make such application and change of plea in person or by attorney, or by the probation officer authorized in writing; provided, that in any subsequent prosecution of such defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if relief had not been granted pursuant to this section.

This subdivision applies to convictions which occurred before as well as those occurring after, the effective date of this section.

Getting the job of your dreams is like winning the lottery!

Because, "Nothing counts 'til you have the badge . . . Nothing!"

"Captain Bob"

Fire "Captain Bob" Smith has coached countless entry level and promotional candidates to get their badge. He is a retired 28-year Hayward, Ca. Captain, speaker/author of the audio/video program "Conquer the Job Interview," the book "Fire Up Your Communication Skills" ISBN 09657620-6-8 and a member of the prestigious National Speakers Association. You can book him as a speaker or get a copy of his books and tapes by calling toll free at 888-238-3959.

E-mail: captbob@verio.com Web site: http://www.eatstress.com

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