QUESTION

When fingerprinted in any state for any kind of license, will two felonies, expunged in CA be revealed?

Asked on Oct 03rd, 2012 on Criminal Law - California
More details to this question:
I was a licensed Speech Therapist in CA and wrote a prescription for myself. Both felonies were expunged to misdemeanors back in 2008. If I wanted to get a real estate license in AZ, I will have to answer specific questions about felonies and also get fingerprinted. What is going to show up from CA? Felonies or expungement?
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4 ANSWERS

Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
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Yes. The Criminal Index (CII) carries all arrests and convictions, even those "expunged." By the way, it's likely your felonies weren't "expunged" in California, as only a misdemeanor can be expunged. Likely there was another disposition of the felonies, such as allowing you to withdraw a plea after a term of probation and having them dismissed. The CII will still carry them.
Answered on Oct 06th, 2012 at 12:41 AM

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You must tell the people about the felonies. There is no expungement in California.
Answered on Oct 04th, 2012 at 10:05 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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ALL criminal records from every state, including arrests, charges, convictions, expungements, psychiatric commitments, fingerprints, DNA, etc. are kept by DOJ / FBI. They are accessible and reviewed in any background check. Expungement does NOT clear, 'remove', erase? or ?disappear? the conviction. It does change the record to show a 'conviction reversed and charges dismissed by expungement'. Whatever happened is fully detailed in the record. Lie on an application for licensing at risk of perjury charges. You must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc], for public office, and others. The licensing agency then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field. An employer can then decide whether to hire or not.
Answered on Oct 04th, 2012 at 2:18 PM

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Michael Paul Vollandt
Most likely they will. It will show what happened when the 1203 petition was granted but it will still stay at the DOJ and because of a State Licence involved I think it will show up.
Answered on Oct 04th, 2012 at 2:15 PM

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