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.
Nicholas M. Loncar, Esq.
t: 323.803.4352 | f: 323.617.3838
Sunset Law Building | 1295 W Sunset Blvd
Los Angeles, CA | 90027
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.Ask a similar question
These are good questions for a labor / employment / licensing attorney. Good luck.
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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
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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.
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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) 496-7777Ask a similar question