Can a felony expungement help you pass a background check and get a job? - Criminal Law Questions and Answers- LawQA.com

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Can a felony expungement help you pass a background check and get a job?

I am going to court next month (Sept.17,11) for a felony expungement deal..I just got off probation (Aug.02,11) it was granted early termination, since this was my first felony, and I did 3yrs of probation on a 4 year term and never got in any kind of trouble. Question is if granted felony expungement, will I be able to pass a background check on a warehouse shipping clerk, job for a work agency?

Law Office of Eric Sterkenburg
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Expungement allows government agencies to assess the information. However, private companies or people cannot get access to that information.

Answer Applies to: California
Replied: 8/9/2011

The Law Offices of Robert L. Driessen
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Yes it will help as the conviction will now show that it was dismissed. This legally allows you to state that you were never convicted of a crime. There are some places that you still need to admit the conviction mainly for government employers and for state licensing boards.

Answer Applies to: California
Replied: 8/9/2011

Law Offices of Martina A. Vigil, PC
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It depends on what you mean by 'pass' a background check. You can lawfully say you have never been convicted of a crime if this is your only conviction. However, you cannot say you have never been arrested if, of course, this conviction was the result of an arrest.

Answer Applies to: California
Replied: 8/8/2011

Answer By Tracey Sang
Law Office of Tracey S. Sang
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First, your attorney who is bringing the expungement motion for you should explain all this to you. Second, usually the felony is reduced to a misdemeanor before it is expunged - ask your attorney about this as not all felonies are reducible. Finally - to answer your question - after the reduction and expungement, the conviction should eventually drop off so that you can get jobs like you describe. Some jobs will always have stringent security clearances that may detect the conviction, but the purpose of expungement is to allow you to move on with your life.

Answer Applies to: California
Replied: 8/8/2011

A.L.A. Law Group, LLP
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It depends, the expungement only sets aside the original guilty plea and enters a dismissal, however this will still show up on your record, along with the arrest or citation. You are able in most circumstances to answer that you have not been convicted of a crime. An expungement tells the employer that the court has dismissed after a conviction. It will still be up to the employer to decide whether an arrest and dismissal after conviction makes you unqualified for the position.

Answer Applies to: California
Replied: 8/8/2011

The Chastaine Law Office
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You should be able to pass a background check. It certainly wont hurt

Answer Applies to: California
Replied: 8/8/2011

Answer By Terry Nelson
Nelson & Lawless
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The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. A conviction can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced, whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on applications for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.

Answer Applies to: California
Replied: 8/8/2011

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