Do misdemeanors convictions that have been expunged show up on background check?

Asked 11 months ago - Whittier, CA

I was convicted of 2 misd charges like 6 years ago, I had them expunged in court, would they show up on record for employment purposes.

Attorney answers (2)

  1. Christine C McCall

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The convictions will remain in their original form on your Dept of Justice criminal history record (Live Scan). You can obtain your own copy of your Live Scan at outlets all over CA for a very modest fee. Use Google for locations. After successful motion under P. C. § 1203.4 (CA's weak-tea version of "expungement"), an additional entry is made to your D of J record, setting forth the fact of the post-conviction dismissal. Nothing is removed, deleted, changed, erased, or otherwise obscured in your Dept of Justice record. Ditto your NCIC (FBI) record.

    Not all employers have access to your Dept of Justice record. But the reality is that the digital age has caused the boundary to become very permeable.

    Your P.C. 1203.4 Order allows you to deny your dismissed matter in applying for most employment. But there are perils to that right. If the background check reveals the original convictions -- and many do because there is no withdrawal or retraction of the original public court record of the conviction-- then the employer may erroneously believe that your denial was deceptive. Most employers will not challenge your info or the answer on your application, but they may move past your application and hire someone else. Employers are not required to offer any reason or factual basis for denying employment. For this reason, some employment applicants state "Expunged only" or something along those lines instead of "No." Obviously this practice has its own risks and downsides.

    The situation re employment background reports and the schizophrenia of CA"s "post-conviction dismissal" process is long overdue for legislative reform.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Kevin A Fard

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Possibly, depending on the agency that conducts the background check. However, with limited exceptions, employers cannot inquire about cases that have been expunged pursuant to PC 1203.4. See California Code of Regulations 7287.4(d)(1)(B).

    This answer is intended for general information, not legal advice. Nothing in this answer shall be construed as... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,178 answers this week

3,078 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,178 answers this week

3,078 attorneys answering