Wednesday, August 1, 2012

Record Clearances : Limited Relief

Once you've obtained a  "record clearance" or "expungment" pursuant Penal Code Section 1203.4, that does not mean that your criminal record has been erased. What it does mean is that your conviction is modified to reflect that your case was dismissed after you successfully completed probation. Your arrest and conviction will still appear. 

It's important to note, however, that a record clearance is recognized by many employers as effectively "clearing your record" for purposes of offering employment - despite the fact that the conviction still shows. Also, it's common for various applications for employment to exempt convictions that have been "expunged."

Moreover, obtaining a record clearance is evidence of "rehabilitation" for purposes of obtaining or renewing professional licenses offered by the state of California.

Finally, there is some question as to whether a private employer can even ask about misdemeanors that have been "expunged." (See: California Code of Regulations 7287.)  As a practical matter, however, it's unlikely that an employer would set aside their internal policies and disregard your conviction in the event you bring this regulation to their attention!  

Please contact my office if you feel that a record clearance is something that would benefit you.