What state jobs are there where I Will not have to disclose my dissmissed expunged cases in california?

Asked 6 months ago - Los Angeles, CA

So far through my research I have found couple custodial jobs, maintenance jobs, and transit positions. Also. the post office which is a state entity job as well. Does any one know of any thing else? This will be greatly appreciated. Thank you for your time and concern.

Attorney answers (5)

  1. Robert Lee Marshall

    Contributor Level 20


    Lawyers agree

    Answered . Penal Code 1203.4 is not a true expungement, as you already know. It is post-conviction relief from some of the disabilities of a conviction.

    The section says, "[T]he 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 Commission."

    The term "public office" may be broad enough to include most, if not all, state jobs. See California Government Code § 82048. Other sections distinguish "elective office." Government Code § 82023.

    Read all applications carefully. If it says you don't have to disclose convictions dismissed under 1203.4, then leave them off the application. When in doubt, it's safer to disclose, with a notation that it was dismissed under 1203.4.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create... more
  2. Michael Amadeo Mazzoni

    Contributor Level 9


    Lawyers agree

    Answered . I agree with Mr. Marshall above. Penal Code section 1203.4 allows you to avoid disclosure in any private employment job application. But most State or Federal government jobs are not subject to this, as Mr. Marshall pointed out. Because background checks will reveal the conviction, it is likely better to fully disclose any convictions if applying for government employment. However, I do not know of any State positions that are exempt from the requirements under Penal Code section 1203.4, so you may want to do more research into the issue or inquire the employer about this issue.

  3. Christine C McCall


    Contributor Level 20


    Lawyers agree

    Answered . This is not truly a legal question and few attorneys will have the information that you are seeking. You may want to counsel with some social services agencies or even some employment placement agencies. You can contact State employment staff, too.

    NOTHING SAID HERE IS LEGAL ADVICE! Read this notice BEFORE you contact me! My posts on Avvo in response to the... more
  4. Andrew Stephen Roberts


    Contributor Level 20


    Lawyers agree

    Answered . My colleagues are correct. It is impossible for any attorney to fully respond to this question.

  5. Carlos Andres Ramos

    Contributor Level 2


    Lawyer agrees

    Answered . I am in agreement with Mr. Mazzoni and always advise my clients to fully disclose their convictions to any state or local government jobs especially those that require one to apply for a license. This applies to the local handyman, general contractor to someone seeking an auto dealer license. I have literally had situations where my client's are tentative hires with the state but their would be future supervisor would advise them to seek relief under Penal Code Section 1203.4 so as to assist in the hiring process, just some feedback that I have received.

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