QUESTION

If I got my criminal record expunged does that mean I do not have a criminal record anymore?

Asked on Jul 26th, 2013 on Criminal Law - Georgia
More details to this question:
Does that I mean I will not pop up if I went to apply for a federal job?
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5 ANSWERS

Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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Even if you get a conviction expunged from your criminal record, law enforcement will always be able to see that you were charged with a crime and it was expunged. So, if you apply for a federal job, you should assume that they will have access to that information.
Answered on Aug 01st, 2013 at 8:59 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Probably, but I would have to see the court's order.
Answered on Aug 01st, 2013 at 8:59 PM

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California Penal Code Section 1203.4 is not an eraser of the criminal record. With this your plea of guilty or no contest is withdrawn and a plea of not guilty is being entered, or, if there was a trial, the verdict of guilty is being set aside. The court is thereafter dismissing the charge. As noted in the statute, you are "released from all penalties and disabilities resulting from the offense of which he or she has been convicted," with certain exceptions. Once an order for relief pursuant to California Penal code Section 1203.4 is granted, you can lawfully state that they have not been convicted of the crime when asked on a job application from a private (non-law enforcement) employer. Those exceptions, where disclosure is required, are set out in the statute: "the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery." If applying for public office, seeking any license from the state (real estate, stock broker, doctor, lawyer, etc.), or contracting with the California State Lottery, the conviction must be disclosed (although it can be disclosed as an expunged conviction). It is worth noting that applications to become a Peace Officer, while not mentioned in the statute, typically require disclosure of expunged convictions. It is also worth noting that with computers, internet, and the free-flow of information, that a carefully worded disclosure may be the best way to proceed, even if disclosure is not required under the statute. Prior convictions: there are certain crimes that are "priorable", meaning that arrests for a similar crime in the future, the punishment will be enhanced. For example, petty theft is a misdemeanor. However, petty theft with a prior theft conviction is a wobbler, meaning it may be punished as a felony or misdemeanor. If someone is arrested for petty theft with a prior, and the prior was expunged, the fact of the expungement will not save the person from being charged as a felony.
Answered on Aug 01st, 2013 at 8:58 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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No. It only means that the conviction was dismissed. It is still on your record. When asked by private employers "Have you ever been arrested for a misdemeanor?" You can answer no. It will not effect your conviction on an application for government employment.
Answered on Aug 01st, 2013 at 8:57 PM

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Michael J. Breczinski
For most jobs it will not pop up. Some sensitive jobs will find out about it. You have no criminal record now.
Answered on Aug 01st, 2013 at 8:35 PM

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