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  1. #1
    Join Date
    Apr 2012
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    9

    Default When Do Expunged Records Fall Off Background Checks

    My question involves criminal records for the state of: California

    Hi, I was wondering exactly how long it takes for expungements to actually disappear from background checks. I filed my 1203.4 in February, never got a letter or anything and just checked the court website, and it was granted in mid March. When I filed, they told me once it's granted, it then goes to the Department of Justice which then could take several more months for them to process it. So my question is when can I actually answer no on job applications when the "crime conviction" question comes up? I have lost out on so many good jobs because of this, and I have an interview tomorrow so I'm not sure how to handle it if the question comes up (I disclosed it on my app).

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    74,150

    Default Re: When Do Expunged Records Fall Off Background Checks

    As is explained here,
    Quote Quoting What a dismissal will do
    Once all your convictions have been dismissed, this is what you can expect:

    1. Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code section 1203.4. So when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. But it is a good idea to read Penal Code section 1203.4 , or California Code of Regulations section 7287.4(d) , or to talk to the public defender in your county if you have questions about your rights and obligations regarding past convictions when applying for a job.
    2. Applying for government employment or a government license: For questions by government employers or on government licensing applications, if you are asked if you have ever been convicted of a crime, you MUST respond with “YES—CONVICTION DISMISSED.” In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards) will treat you the same as if you had never been convicted of any crime.
    3. You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
    4. Your dismissed convictions can still be used to increase your punishment in future criminal cases.
    5. Your prior convictions can still affect your driving privileges.
    6. If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender. Your status as a registered sex offender will continue to be available to the public on the Internet under Megan’s Law.
    7. If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed.
    Those rights exist following dismissal, even if the Department of Justice has not yet fully processed the order. If your concern is, "When can I be sure that a background check with the DOJ won't turn up the dismissed charge," we can't do better than it "could take several more months for them to process".

  3. #3
    Join Date
    Apr 2012
    Posts
    9

    Default Re: When Do Expunged Records Fall Off Background Checks

    Quote Quoting Mr. Knowitall
    View Post
    As is explained here,
    Those rights exist following dismissal, even if the Department of Justice has not yet fully processed the order. If your concern is, "When can I be sure that a background check with the DOJ won't turn up the dismissed charge," we can't do better than it "could take several more months for them to process".
    Good to know. Now my concern is the charge coming up on a background check when I don't disclose on my application. Wouldn't it appear that I lied about my background and not be considered for the job? I doubt they would even discuss it with me as opposed to just moving on to the next applicant. Also, do most private employers do DOJ background checks, or are they mostly on the local court level?

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