By: Michael Yadegari on Oct 18, 2013 06:28:43 PM


Technically, in California, the term "expungement" means to obtain a dismissal of criminal charges pursuant to 1203.4 of the Penal Code.  I routinely help clients obtain relief from criminal convictions.  

Private Employers

A dismissal will help a person when applying for a job.  Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code §1203.4. So, when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or "expunged."

Government Employers and Government Licensing 

On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED." In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), generally will treat you the same as if you had never been convicted of any crime.

You will not be allowed to own or possess a firearm under Federal Law if your conviction was for a felony, or if it is a felony under California law that cannot be reduced to a misdemeanor.  

Dismissed conviction(s) can still be used to increase your punishment in future criminal cases.

Prior conviction(s) can still affect your driving privileges.

If you are required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender.

If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed.


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