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

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. 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 public's questions are never offered as legal advice. Do not rely on any response posted by me as applicable to your specific problem or circumstances. Exchange of information through Avvo's Questions - Answers forum does not establish an attorney-client relationship with me or my law firm. My law firm does not provide free consultations. See http://www.avvo.com/legal-guides/ugc/free-consultation-the-purposes-and-utility-of-free-for-potential-clients-and-for-attorneys for further details on that issue. Please do not call or email me with a “few questions.” I give advice, make recommendations, and answer specific questions only after reviewing the documentary record and other evidence applicable to a specific client, and only in the course of or following a conference with my client in which all of the relevant information can be identified and developed. AND I give legal advice ONLY in the course of an attorney-client relationship created and defined by a written contract for services, signed by my client and by me or a member of my firm, for which payment has been made. My law firm presently accepts cases involving State and federal licenses and permits; professional (State or federal licensing agency) discipline against State and federal licenses; and disciplinary and academic disputes involving universities, colleges, boarding schools, and private schools. We accept grievances, administrative claims, arbitrations, mediations, negotiations, and other non-litigation matters pertaining to employment, hospital and facility privileges, tenure, and contractual disputes. We conduct seminars and training in employment law for employers and union advocates, and in issues of professional/occupational licensing law for criminal defense attorneys. We accept NO contingency work, and we take no matters for which CCP discovery is applicable.


  2. 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 an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.


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

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY


  4. 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.


  5. 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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