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 With this your plea of guilty or no contest is withdrawn and a plea of not guilty is being entered, or, if there was a trial, the verdict of guilty is being set aside.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