What criminal recordinformation domost privateemployers have access to?
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What criminal recordinformation domost privateemployers have access to?
In 2008 I was arrested by the police for a misdemeanor. I am currently thinking about hiring a lawyer for expungement (my public defender says I have a good shot at getting it). What will it say on a standard employer background check, if I get my conviction expunged – say something along the lines of “Convicted-Conviction Dismissed”, or will the expunged conviction not show up at all?
Asked on June 29, 2011 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In CA an expungemnt in essence updates a criminal record versus clearing a criminal record. This means that an employer will see that you were convicted but that you had it subsequently expunged. So you can legally answer "No" if asked if you have ever been convicted of a crime. Additionally, once an expungement has been granted, an employer may not ask about or seek information pertaining to the conviction. In other words, your criminal record cannot be used as a reason for an employer to either deny you employment or a promotion.
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