Hi, Could someone please inform me about what happens when a crime is expunged in California? I am aware that it does not "purge" your record, but rather changes the charge from guilty to not guilty. I know when it comes to government jobs, state licensing, and the lottery, everything will be disclosed on a criminal background check, expunged or not.
My question is, what will show up on a criminal background check for employers that are not applying for the types of jobs I just stated? (Will it show the original charges and that they were dropped? Will it show reduction from Felony to Misdemeanor?)
I was charged with 4 felonies, but 3 were dismissed and 1 I plead nolo contendere, will a background check show the 3 dismissed?
Once expunged, are ANY of the crimes public record anymore?
Also, does applying for a teaching position or coaching position at a high school count for any of the 3 types of job where you HAVE to disclose EVERYTHING, expunged or not? Or will that not show up on a background check since school aren't government employed? Thank you for all of your time.
Criminal Defense Attorney
Yes, they will show up unless expunged. Even if they are expunged a Google search will revel all arrests. Expunction orders do not affect the internet and there are all sorts of websites like mugshots.com that live forever.
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Criminal Defense Attorney
There are two motions that you can bring to help clean up your record. First, a 17B motion might be able to get your felony reduced to a misdemeanor. And the 1203.4 motion can get your charge "dismissed". These will not affect arrest records, but will mean that you can say you've never been convicted of a felony or misdemeanor. A background check will show dismissed charges, but employers are only supposed to be able to use convictions against you. For more information on that process: http://www.idefendlosangeles.com/3/post/2013/07/keeping-your-record-clean.html
Nicholas M. Loncar, Esq.
t: 323.803.4352 | f: 323.617.3838
Sunset Law Building | 1295 W Sunset Blvd
Los Angeles, CA | 90027
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Administrative Law Lawyer
Most teaching/coaching positions are public school district employment and applicants must have a State credential and a full disclosure of all criminal history will be required for both the credential and the employment. School district employers are not limited to consideration of convictions. Schools and school districts will examine the CONDUCT underlying all arrests, charges, convictions, restraining orders, etc. -- that is different than using or relying on arrest history or an arrest itself.
These public sector jobs are very competitive in the present economic market, so be prepared for difficulty in competing for such employment if you have criminal history baggage.
If you have a felony conviction, you are not a likely candidate for CA public school employment. Sorry to be so blunt, but knowledge is power. You have to play the cards you have.
Private school employers generally hire State-credentialed teachers and coaches, also, but they are somewhat less formalistic in their pre-employment screening re criminal history record.
As for private sector employment, there is no standard for "background checks." What will show on your background check depends on what sources are consulted by the information-provider vendor. If a matter is on your record, it is findable because most vendors simply report the entirety of the public record in order to circumvent the various state restraints on specific kinds of background information. It is lawful for information vendors to report any matter from public records.
In your case, you should order up your Dept of Justice report at a Live Scan outlet (use Google to find) and then you will know exactly what shows. Most likely you will see there all arrest and info, all charges, and all results of the charges. ALL adult criminal history events remain on the public record indefinitely. There is no "expungement" in the sense of removal in California.
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