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  1. #1
    Join Date
    Jul 2006
    Posts
    2

    Default "Purged / Destroyed" vs Expunged in California

    I recently requested my records of a conviction in Santa Barbara County in 1993 for misdemeanor shoplifting. I am applying to teach at a public high school, and I needed to find out some details of my case in order to report it on my application. I no longer have my original court papers, so I needed to find out the date, case#, etc.

    I received a letter from Superior Court of Santa Barbara stating the case # and that it has been "purged/destoyed." It also states:

    "Felony, misdemeanor and infraction records are destroyed pursuant to section 68152 of the Government Code."

    Under "Remarks," it reads:

    "Please be advised case number ###### has been purged/destroyed. Therefore, I do not have any violation and/or dispositional information available.

    It's signed by the Deputy Clerk.

    I have two questions/dilemmas:
    (1) Obviously, I'd rather not have to refer to this conviction on my application, but I am prepared to do so if I must. The problem is, I have absolutely no information/paperwork about the case. All I know is what month it occured in, what I did, where I was arrested. The court doesn't even seem to have that info. All there is is a case #. *What do I do? *Do I have to report it on my application? I am applying through the county office of Education, then through the local school district. They require finger-printing, so anything on my record will show up, I imagine. As I mentioned, I am prepared to to mention it on my aplication for employment, but I don't have any specific info on the case anymore.

    (2) What is the difference between Purged/destroyed and Expunged? It would seem like purged/dest. is more favorable than expunged. Is this true?

    If someone knows what to do in my case, I'd appreciate the help.

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,109

    Default Re: "Purged/Destroyed" vs Expunged in CA?

    The court may have purged or destroyed the original record. However, it may still exist in microfiche, and a record of the conviction likely still resides with the CA DOJ.

    For a copy of your state Criminal History, contact the DOJ:

    http://ag.ca.gov/fingerprints/security.htm

    And check this site for more info:

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

    - Carl
    A Nor Cal Cop Sergeant

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


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    May 2006
    Location
    USA
    Posts
    663

    Default Re: "Purged/Destroyed" vs Expunged in CA?

    Except for law enforcement authorities and health care facilities (re: certain crimes), employers may not ask about arrests that did not lead to conviction or for which a pre-trial diversion program was successfully completed. Cal. Code Regs. tit. 2 7287.4(d)(1)(A), (B); Cal. Labor 432.7(f)(1), (2); and Cal. Penal 13203.

    Most misdemeanor and felony convictions more than 10 years old will not be disseminated. No misdemeanor conviction will be reported unless the individual has been convicted of 3 or more misdemeanor or felony offenses or incarcerated following such a conviction within the 10 year period preceding application. Cal. Penal 11105.3(h)(3).

    The ones who can obtain records other than the subject and criminal justice agencies are public utilities (including nuclear power plants and entities whose employees enter private residences), statutorily-authorized public agencies, peace officers, probation/parole, prosecuting attorneys, public defenders, courts, correctional officers, child support and welfare agencies, and others with statutory authorization. Cal. Penal 13300(b)(1)-(15).

    Most misdemeanor and felony convictions within the 10-year period preceding application will be disclosed. Specific serious felony convictions over 10 years old will also be reported. Under certain circumstances, pending adult arrests for sexual, drug-related, and violent crimes will also be reported. However, two types of arrests generally will not be released: those for which diversion was ordered and it is unknown whether the program was successfully completed; or those followed by dismissal, release, or no disposition and it is unknown whether the individual was exonerated. Juvenile ward of the court adjudications are also disclosed. Cal. Penal 13125; 13300(a)(1) and (2), (m), (l); and 11105.3(a),(h)(3).

    Most arrest records can be sealed, except for infractions. Certain minor marijuana arrests can be purged. Cal. Penal 851.8(a), (i), and (n) and Cal. Health & Safety 11361.5(b)(1)-(4) .

    When “sealed,” the arrest record is removed from the rap sheet. Most records are destroyed three years after the arrest and the individual may generally answer that s/he has never been arrested. However, law enforcement and health care facilities may still ask about sealed information and the records may be used under the “three strikes” law in future criminal prosecutions. Cal. Labor 432.7(f)(1), (2); Cal. Penal 667(d)(3), 851.8(f) and 13203.

    “Purging” a record means the information is removed from the rap sheet and the records are destroyed. While an individual may generally answer that s/he has never been convicted, individuals may be required to reveal these records when applying for law enforcement employment. Cal. Code Regs. tit. 2 7287.4(B); Cal. Health & Safety 11361.5(c) and Cal. Penal 13203.

    Many adult misdemeanor and felony convictions can be expunged, except for certain serious felonies, specific misdemeanor motor vehicle offenses, and infractions. Certain minor marijuana convictions may be purged. Cal. Health & Safety 11361.5(b)(1)-(4) and Cal. Penal 1203.4(a) and (b).

    Unless subsequently convicted of a felony or misdemeanor of moral turpitude, individuals may apply for sealing of many juvenile ward of the court adjudications upon reaching 18 years of age or 5 years after disposition, whichever comes first. Cal. Wel. & Inst. 781(a).

    Under most circumstances, private employers may not inquire regarding expunged adult convictions. However, the expunged conviction still appears on the individual’s rap sheet with a notation that the conviction has been “set aside and dismissed.” (Per central repository.) Expunged conviction records must be revealed for public employment, public office, occupational licensure, and health care employment if the position requires patient contact or access to medication. Cal. Code Regs. tit. 2 7287.4(d)(1)(B); Cal. Labor 432.7(f)(1) and (2); and Cal. Penal 1203.4(a).

    Purged conviction records are removed from the rap sheet and the records are destroyed. Except for law enforcement agencies, public and private employers and occupational licensing agencies may not inquire regarding purged records. Cal. Code Regs. tit. 2 7287.4(d)(1)(B); Cal. Health & Safety 11361.5(c); and Cal. Penal 13203.

    Individuals may deny the existence of sealed juvenile records. Most juvenile records will be destroyed five years after sealing. Cal. Wel. & Inst. 781(a) and (d).

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,109

    Default Re: "Purged/Destroyed" vs Expunged in CA?

    The poster is applying to teach at a public school. His record will be run through state and FBI files for disqualifying convictions (and shoplifting should not be one). Additionally, he will have to disclose the conviction if asked (and he will be asked). This record WILL appear.

    - Carl
    A Nor Cal Cop Sergeant

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


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
    Join Date
    Jul 2006
    Posts
    2

    Default Re: "Purged/Destroyed" vs Expunged in CA?

    Thank you, Carl and "Guilty/Not Guilty." I was pretty sure I was going to have to disclose the arrest on the application but I wanted to make sure. I will be requesting my state criminal record through DOJ as Carl suggested. Your help has been extemely useful. Thank you.

    -Peter

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