Expunge Criminal Rescord
I have had many questions recently regarding the expungement of a criminal record. We have prepared a Special Report on Expungement that will be available as a free download on our website www.deKirby.net. But in the mean time here are answers to some of my most recent questions.
What happens after my record is expunged? You will receive a court order setting aside your conviction and dismissing your case. Criminal record databases will be updated to reflect that your conviction was set aside and your case was dismissed.
Can employers consider a conviction that has been expunged (dismissed)? In most cases the answer is NO! Once your cases is expunged (dismissed), it is no longer considered a conviction and California Labor Code 432.7(a) prohibits employers from asking an applicant to disclose information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring. An employer who intentionally violates this section can be liable for a misdemeanor, plus fines, and attorney’s fees. This section does not apply to criminal justice agencies, health facilities, and has a few other narrow exceptions.
What will show-up when someone does a background check? That depends on the kind of background check that is done. A “hard” search involves you authorizing a government agency to release your records and you providing fingerprints. This type of search will show that there was a court case, a charge of whatever you were charged with, and a dismissal with no finding of guilt and no conviction. A “soft” search, which is done by most employers, utilizes a private sector company to search for convictions. This type of search will in most cases show nothing at all, in some cases it will show that there was a court case, a charge of whatever you were charged with, and a dismissal with no finding of guilt and no conviction.
If you have more questions on Expungement please order our Special Report today.