QUESTION
Will my dismissed conviction still show other data on a background check?
Asked on Aug 09th, 2011 on Criminal Law - California
More details to this question:
I want to expunge a DUI that I had in 2001. If I expunge, I know it will show as dismissed on my criminal courts record, but will it also continue to show other data such as Violation Date, Conviction Date etc? Will this DUI always be accessible to the public forever (unlike DMV record which is 10 years in California)?
4 ANSWERS
Criminal Trial Attorney serving San Jose, CA
at
Law Office of Thomas F. Mueller
Update Your Profile
There is no such thing as one singular criminal record. Many companies carry a data base. The info carried varies from one to the other. Most carry date of arrest, date of charge and date of conviction ( plea of guilty or no contest )
Answered on Aug 10th, 2011 at 4:48 PM
Yes the court records are public records but most background searches are limited to convictions and it will not show up.
Answered on Aug 09th, 2011 at 9:04 PM
If the petition for expungement is granted, employers/schools will not be able to see anything. Nothing!
Answered on Aug 09th, 2011 at 2:37 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
As you found, expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. Yes, your criminal record will always show what happened; that is the whole point of "records". It is permanently maintained on the federal and state DOJ databases, not just on the local court's. Unless and until you get the state and federal legislatures to change the laws, nothing can be done to actually 'clear' it. However, you should consider getting the conviction expunged; which would help in obtaining and keeping employment. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged.
Answered on Aug 09th, 2011 at 2:07 PM