(858) 373-8201

(858) 373-8201

Expungements

Expungements

Expungement Attorney San Diego

Can a potential employer ask you about your criminal history?

The general rule is, Per the California Labor Code §432.7 (see below) a California employer may NOT ask a person applying for employment (including applying for a program that may lead to employment) about:

  • Arrests that did not lead to convictions, or
  • Convictions that have been expunged, or
  • Juvenile arrests that have been sealed or Juvenile sustained petitions, or
  • “Arrests” or times you were “Charged” with a crime but you successfully completed a pre or post-trial Diversion Program under Penal Code §1000, or
  • A Conviction that has been dismissed or ordered sealed via California Penal Code §1203.4, §1203.4a, §1203.45, and §1210.1.

California Labor Code §432.7

(a) No employer, whether a public agency or private
individual or corporation, shall ask an applicant for employment to
disclose, through any written form or verbally, 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, or concerning a conviction
that has been judicially dismissed or ordered sealed pursuant to law,
including, but not limited to, Sections 1203.4, 1203.4a, 1203.45,
and 1210.1 of the Penal Code, nor shall any employer seek from any
source whatsoever, or utilize, as a factor in determining any
condition of employment including hiring, promotion, termination, or
any apprenticeship training program or any other training program
leading to employment, any record of arrest or detention that did not
result in conviction, or any record regarding a referral to, and
participation in, any pretrial or posttrial diversion program, or
concerning a conviction that has been judicially dismissed or ordered
sealed pursuant to law, including, but not limited to, Sections
1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code.

Additionally, whether or not you have a “duty to disclose” a past conviction for a felony or misdemeanor crime in California is complicated. There are multiple variables that are involved including but not limited to:

  • Is there a specific statute governing the issue?
  • What kind of job are you applying for?

As a general rule, honesty is a good policy. However, some people think that, taking into account the aforementioned Labor Code 432.7, and if the employer’s pre-hire question(s) is/are not specific, it’s better to respond in the negative and become such a stellar valuable employee that once the employer finds out the technical truth, the employer will not think the employees past is that monumental in light of what a great employee the person has become. The other side of that logic is that once an employer finds out you did not practice full-disclosure, you may not be trustworthy.

How Arrest Records Show Up on a Background Check
If you were arrested and charged with a crime, a record of your arrest is likely entered into a State-wide database and then sent to a National database at the FBI’s National Crime Information Center (NCIC). Even if your case was dismissed or you were found not-guilty, there is likely still a public record of your “arrest”.

What Is a Criminal Expungement?

An expungement is the process of going to court to appear before a judge with the purpose of convincing him/her to dismiss the charge(s) against you. Many times someone from the prosecution (City Attorney’s Office or District Attorney’s Office) will show up to contest your request. Expungements can be very beneficial. Once an expungement is granted, in most instances a person can truthfully and legally answer “No” when asked whether or not you have a criminal record. However, an expungement does not completely erase your criminal record in the State of California. The only way to completely put the past behind you is to petition the court to have your criminal records sealed and then subsequently destroyed.

What Types of Convictions Can be Expunged?
With a few exceptions (such as sex related crimes) any felony conviction where probation was granted or any misdemeanor or infraction conviction can be expunged. The following is a list of crimes that CAN be expunged:

  • Infractions
  • most Misdemeanor convictions,
  • most Felony convictions where probation was granted EXCEPT certain sex crime offenses.

SEALING a Criminal History Record

Many people mistakenly believe that the Government destroys their past “arrest” records simply because they were not convicted of a crime

Sealing A Criminal History Record

Many people mistakenly believe that records of past arrests were destroyed because they were not convicted of a crime or because their sentence was deferred. Even if your case was dismissed your record will still show that you were charged with a crime unless you petition the court to have your arrest record sealed with a factual finding of innocence.
If you were under the age of 18 and charged in juvenile court it is in your best interest to have a criminal arrest sealed from your record. An arrest or citation on a person’s record can affect an individual’s ability to get a job, housing, education, loans and security clearances. At the Law Offices of Krause & Hirschhorn, P.C., we are dedicated to representing clients clear their criminal record.

Contact An Expungement Lawyer

If you have questions about Expungements and how they can help you, contact the Law Office of James L. Hassey, for a free consultation about the expungement process. Mr. Hassey can help you expunge your conviction and if necessary, help you seal your criminal record. Contact The Law Office of James L. Hassey at (858) 373-8201 or email to HasseyLaw@gmail.com to speak with Mr. Hassey today.