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Expungement Still Showing As Felony

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  • 02-22-2012, 11:43 AM
    bulldog619
    Expungement Still Showing As Felony
    My question involves criminal records for the state of: CA
    I had a felony drug charge expunged and a racing ticket charge expunged. I just had a Live Scan done for a job with the school district and both came up as felony charges and did not show that they had been expunged. The racing charge does not show up on my DMV report. Yes, I am SURE both were expunged but I do not have the paperwork to prove it. What do I do to correct this? The HR person that I spoke to also told me that when asked if I have every been convicted of a felony I have to say yes, even though it was expunged. I read somewhere else that if it was expunged then I do not have to answer yes to the question about being convicted. Which is correct?
    It seems as though the time and money spent to expunge things was a waste.
  • 02-22-2012, 07:59 PM
    SAdude
    Re: Expungement Still Showing As Felony
    Quote:

    Quoting bulldog619
    View Post
    My question involves criminal records for the state of: CA
    I had a felony drug charge expunged and a racing ticket charge expunged. I just had a Live Scan done for a job with the school district and both came up as felony charges and did not show that they had been expunged. The racing charge does not show up on my DMV report. Yes, I am SURE both were expunged but I do not have the paperwork to prove it. What do I do to correct this? The HR person that I spoke to also told me that when asked if I have every been convicted of a felony I have to say yes, even though it was expunged. I read somewhere else that if it was expunged then I do not have to answer yes to the question about being convicted. Which is correct?
    It seems as though the time and money spent to expunge things was a waste.

    Are you sure the education agency didn't have the authority to look at expunged files? In Texas they don't have the authority but in Florida they do. Not sure about California. If this is not the case then one or more of the agencies that was suppose to get served didn't. Maybe you can get a copy of the order at the district clerk's office. Check the list of agencies to be served and verify addresses. Also,I once called the DPS legal department and gave them my SS number so they could verify the expunction. They did indeed do that for me. Here something else you can do. Go to your local police department and get a copy of your record to verify that it at least got expunged there.
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