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

Asked 12 months ago - 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?

Additional information

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. John M. Kaman

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.

  2. Christine C McCall

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    2

    Lawyers agree

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

    www.YourCriminalDefenseLawyer.com
    for Fairness & Your Freedom because sometimes good people find themselves in unpleasant situations
    (800) 409-7010

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  4. Anthony Allen Roach

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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... more
  5. Nicholas Milan Loncar

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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

  6. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . 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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