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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default On a DOJ Application Do I Have to Answer "Have I Ever Been Arrested"

    My question involves criminal records for the state of: CA and FEDERAL.

    I Recently applied for a Taxi Permit. They did a DOJ background check. I have a 13 year-old "possession of concentrated cannabis" arrest. After 3 years probation and $1000 fine. My attorney returned to see the judge to get it expunged. He did successfully. I have asked if I have to answer yes to this on background checks. My attorney states No because it was expunged. However, I answered No and I was denied the permit because of knowingly falsifying the application and found to be of moral turpitude. Now, the clerk would not tell me exactly what it was and neither did the letter. I am appealing the decision. My question is: What is the point of expunging your record when it does not really help? Is this going to haunt me for the rest of my life?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,216

    Default Re: On a Doj Application Do I Have to Answer "Have I Ever Been Arrested

    How do you KNOW the record was expunged? Expunged under what code section?

    Here's what you do ... find out info on expungements and what they do, and then what your criminal record says about you.

    http://www.courtinfo.ca.gov/selfhelp...imlawclean.htm

    And, to check your own record:

    http://ag.ca.gov/fingerprints/security.php
    A Nor Cal Cop Sergeant

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  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,483

    Default Re: On a DOJ Application Do I Have to Answer "Have I Ever Been Arrested"

    I can't see the application form from here, but many law enforcement jobs explicitly instruct you to disclose arrests even if you have obtained an expungement. Is that how you are instructed on the form?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,216

    Default Re: On a DOJ Application Do I Have to Answer "Have I Ever Been Arrested"

    His application is for a Taxi Permit. Had it been for a law enforcement job he would have been specifically required to reveal even expunged convictions.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

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