Below are some frequently asked questions
If I am Granted an Expungement Will I Have To Disclose My Criminal Record To An Employer?
If Private Employers ask if you have every been convicted of a crime, you can respond with "NO".
If applying for public office, seeking any license from the state (real estate, stock broker, doctor, lawyer, etc.) , or contracting with the California State Lottery, the conviction must be disclosed (although it can be disclosed as an expunged conviction) .
Does this erase all records and destroy the Court file?
No. An expungement changes and updates the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code. This means the Court file, the California Department of Justice, and the FBI update their files to show the case has been ordered dismissed by the Court.
Expungements Special Exceptions:
Prior convictions: there are certain crimes that are "priorable" , meaning that if arrested for a similar crime in the future, the punishment may be enhanced. For example, petty theft is a misdemeanor. However, petty theft with a prior theft conviction is a wobbler, meaning it may be punished as a felony or misdemeanor. If someone is arrested for petty theft with a prior, and the prior was expunged, the fact of the expungement will not save the person from being charged as a felony.
Prior DUI convictions: 1203.4 specifically states that expungement will not have any impact on the use of a DUI conviction as a prior. This means that if DUI conviction number 1 is expunged, and the person is arrested for DUI number 2 (within seven years), it will be prosecuted as a second-offense DUI, with all the enhanced punishments and penalties, regardless of the expungement of DUI number 1.
Gun ownership: There are certain offenses for which probation may be granted (the first critical inquiry for expungement eligibility) that prevent that person from lawful gun ownership for a specified period of time. An expungement will not restore those gun ownership privileges.
Sex Offender registration: There are also certain offenses where probation may be granted (the first critical inquiry for expungement eligibility) that require lifetime registration as a sex offender.
