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  1. #1
    Join Date
    May 2005
    Location
    California
    Posts
    3

    Default Expungement and Background Checks in California

    Thanks very much for your terrific website. One year ago, I was convicted of petty theft. My probation period of one year has already passed, and I did not commit any new offenses or violations.

    I have already checked out this link: http://www.courtinfo.ca.gov/selfhelp...imlawclean.htm

    However, I would like to know based on your experience, how long will this expungement process take? In other words, from when we file the motion, how long until they actually clear my record? (1st Question)

    Furthermore, are there multiple methods for the expungement--which way is the fastest? (2nd Question)

    I'm currently choosing an expungement lawyer, but all of them have different policies--some are charging $800 b/c they say that they have to appear in court for me to file a motion, while others are charging only $300 b/c they say that all we can do is file a paper petition to probation dept.

    So, who is right? (3rd Question)

    I'm asking this because I'm currently seeking full-time employment after graduation, and I am quite anxious to get this charge off of my record.

    Since my background check may take place before my records are expunged, are there any proactive steps that I can take to make minimize the showing of my court records from the check? (4th Question) It's sad to realize how long and inefficient the expungement process takes.

    Once again, many thanks for your kind assistance. Look forward to
    hearing from you soon.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Expungement and Background checks in CA

    Once your court records are made public (which they are now), the background check companies will have that information.

    An expungement will not erase that stuff from their databases.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Expungement and Background checks in CA

    California's expungement law is somewhat limited in effect. As the page you read indicates,
    Quote Quoting What Will a Dismissal Do?
    Once all of your convictions have been dismissed:
    1. On questions by Private Employers if you are asked if you have every been convicted of a crime, you must respond with "YES-CONVICTION DISMISSED."

    2. On questions by Government Employers or 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 conviction(s) can still be used to increase your punishment in future criminal cases.

    5. Your prior conviction(s) 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.

  4. #4
    Join Date
    Oct 2006
    Posts
    11

    Default Re: Expungement and Background checks in CA

    will the dismissed conviction affect your eligibility for loans and lower your credit score?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Expungement and Background checks in CA

    That's going to depend upon how the credit reporting agency scores your report. As the three major credit reporting agencies don't include criminal convictions in their reports or scores, it won't affect your score with those agencies.

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