I am submitting my CA Real Estate Application and need to respond to question #28 (http://www.dre.ca.gov/files/pdf/forms/re435.pdf )
I was arrested in 2010 for retail theft which resultedin a court supervision. In 2012 the case was Expunged in Illinois. On job applications, I can answer "no" no conviction and although transparency is the best bet but do I have an option on the Real Estate license?
Right above question 28 it requires disclosure of crimes that are expunged under California law "... or equivalent non-California statute." Given that you described your post-conviction relief as "expunged," it certainly sounds like the Illinois law is similar to the California law. Your best bet would be to call a licensing attorney in California, provide him/her with a copy of your conviction and expungement, and then use that advice to make an informed decision.
These answers are not legal advice, and cannot be relied on as though they are legal advice. Responses to your questions on Avvo do NOT establish an attorney-client relationship with me.
Expungement, Set Asides, and other criminal case outcomes do NOT eliminate your requirement to accurately disclose convictions on the BRE's application. Be careful because if you do fail to disclose that could serve as an independent basis to deny your application in addition to the underlying conviction. Call a license lawyer for a Free Consultation before filing your application.
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The Boards have the right to look at the underlying conduct - an expungement could help show rehabilitation but keep in mind the Board wants to see why something ended up in court.
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