After getting felony reduced & then dismissed, what do you mean I still need to "disclose" and explain for a state license.

Asked over 3 years ago - Anaheim, CA

I am first trying for CNA then in about a year LVN.

Additional information

The charge was for joyriding 17 years ago (felony).

Attorney answers (3)

  1. Aaron Todd Hicks

    Contributor Level 13

    2

    Lawyers agree

    Answered . Penal Code 1203.4 indicates even if expunged, you must disclose the conviction when applying for a licensure of any agency in the state. The relevant portion reads as follows:

    The order shall state, and the
    probationer shall be informed, that the order DOES NOT RELIEVE HIM OR
    HER OF THE OBLIGATION TO DISCLOSE THE CONVICTION in response to any
    direct question contained in any questionnaire or application for
    public office, for LICENSURE BY ANY STATE OR LOCAL AGENCY, or for
    contracting with the California State Lottery.

    www.sandiegocriminaldefensefirm.com

  2. Manny Daskal

    Contributor Level 13

    2

    Lawyers agree

    Answered . Mr. Hicks is absolutely correct and that is the appropriate staute. It is available to read in its entirety when you google the california penal code and that section.

  3. Nafiseh Nina Trehzure Hodjat

    Contributor Level 11

    2

    Lawyers agree

    Answered . Congrats on getting the conviction expunged. In addition to your requirement to disclose the previous conviction when applying for a license, you have to remember that an expungement doesn't wipe out your record, and the state agency would likely have access to it. So in order to answer truthfully and in accordance with the law, if you're asked whether you were charged with a crime, the Judicial Council of California states that you MUST answer "Yes, conviction dismissed." The Judicial Council further states "In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime." So it appears that the best course of action for you would be to follow the Judicial Council's directions. Good luck on getting your licenses!

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