I just applied for an admin assistant at a school. I was convicted of misdemeanor domestic violence 12 years ago with no prior or subsequent arrests / incidents.
Probably. After 12 years, you may want to go back to court to get an expungement - although I am not sure whether that can be done with a DV conviction. Contact a local criminal defense attorney for assistance - they will know what your options are.
You can get a qualified dismissal of the case (often referred to as an expungement) under Penal Code 1203.4. This will list the case as having been dismissed AFTER conviction. It will still list that you were convicted. But it's something.
Since your application is in-process, you should probably start this process sooner rather than later. I suggest you contact an attorney in your area to get this going. It will take at least 30 days, probably more.
If you were booked, it will probably show up! Order a copy of your own "Live Scan" report from the Department of Justice. Ms. Gutekunst has probably provided a link for your convenience. You may be eligible for a PC1203.4 "dismissal" if you completed probation, but even that doesn't erase the conviction.
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Yes, it will show up. Even a dismissal under PC-1203.4 (AKA CA expungement) will show up in a live scan. If you completed probation successfully, you may want to still consider filing for 1203.4 relief. That affords you some level of protection and a chance to explain yourself.
Yes. You can petition for an expungement, but that won't erase the conviction - it will only reverse the fact of the conviction itself. Thus, the expungement would show up on your RAP sheet (DOJ) and we would be able to see that at one point in time you were convicted of a misdemeanor PC 273.5 or 243(e)(1).
Your best approach is to get the matter expunged and be 100% truthful with your prospective employer about your 12 year old isolated mistake. Good luck.
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