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California "Expungement" ramifications regarding criminal background checks and state licensing?

Sacramento, CA |

http://www.youtube.com/watch?v=uMPeTqx2IvM
This video describes California expungement. Specifically, from 1:40-2:15 on the video, is what she is saying accurate? For example, if you go into Nursing, I realize you must disclose EVERY conviction when taking the state test for a license. However, if you've overcome that obstacle and you are granted a license, is it true when going to apply for jobs at hospitals that you no longer need to disclose your expunged crimes? Also, if you do in fact have to disclose those crimes, is it true they CANNOT discriminate against you due to the crime being expunged and employers only allowed to discriminate based on CONVICTIONS?

Also, for places that use Live Scan, even if your EXPUNGED criminal record shows up, they still CANNOT discriminate against you for something that is dismissed via P.C. 1203.4 correct?

Attorney Answers 6


  1. California "expungement" is pursuant to PC 1203.4. The case is dismissed but the record is not deleted. I'm not familiar with which background check services most hospitals are using, but there is a good chance that the hospital will be aware of the criminal charges. I would also imagine that many hospitals will consider the fact that you were licensed after the event to be a good thing. Technically, most private employers can't use non-convictions against you, but it's unclear how effective this is in practice, when employers' background checks often show arrests and "expunged" cases.

    Best,

    Nicholas M. Loncar, Esq.
    t: 323.803.4352 | f: 323.617.3838
    www.iDefendLosAngeles.com
    Nicholas.Loncar@iDefendLosAngeles.com
    Sunset Law Building | 1295 W Sunset Blvd
    Los Angeles, CA | 90027


  2. A 1203.4 dismissal (which is not an expungment) will follow you around in your application for nursing jobs. If you don't understand why reread the statute or seek a consultation with an attorney.


  3. These are good questions for a labor / employment / licensing attorney. Good luck.

    www.YourCriminalDefenseLawyer.com
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    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  4. I disagree with most of her video. If you want to know what a petition filed pursuant to Penal Code section 1203.4, will do, I suggest you take it form the horse's mouth. See: http://www.courts.ca.gov/1070.htm

    DISCLAIMER The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice. Transmission or receipt of any information from this, or any, website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of an attorney. The law is constantly changing, the materials appearing on this website are not guaranteed to be up-to-date. The application of law is dependent on the facts of each case, and no two cases are ever similar. It is important that users of this site realize that it is risky to assume that their case is identical to someone else's, without consulting with an attorney.


  5. Consumers and applicants for employment typically do not initially grasp that there can be a significant difference between (1) an arrest and (2) objectionable conduct, which may underlie an arrest.

    Imagine if your last employer told a prospective employer that you embezzled from your previous place of employment. Imagine further that you were arrested for that embezzlement, but that a bad search or bad interrogation caused the prosecutor to decide not to bring charges in court. Surely you can understand that the prospective employer will refuse you a position of employment -- not because of the arrest without conviction -- no one cares about that -- but because of the conduct reported against you.

    An arrest that does not result in conviction does not insulate you from rejection (as you call it, "discrimination") based on your conduct or allegations about your conduct. An arrest not resulting on conviction cannot make you bulletproof for the underlying actions.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  6. Ms. McCall and Mr. Kaman have responded in full to your question. Expungments arenot erasers to your life or record for all purposes.

    Andrew Roberts (818) 597-0633/ (805) 496-7777

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