How Can I Expunge My Criminal Record?
Beginning in penal code 1203.4 the law allows for a person to expunge their criminal record. In order to expundge your criminal record several prerequisites exsist. The first thing that you have to complete is your summary probation. This means that during your probation time you did not pick up a new criminal case also, in order to be eligible for an expungement you must have paid your fines completely in full and if you were required to complete any community service hours, those must be completed as well. In essence, an expungement pulls back your original guilty plea and inserts a not guilty plea, then the courts dismissed the charges. This can have a beneficial effect when you are applying for jobs and employers might want to look up your criminal record. In this day and age of internet access a persons past misgivings are plastered all over the electronic world.
California Labor Code section 432.7 says that an employer cannot ask someone applying for a job for information about an arrest or detention that did not end in a conviction. Also, an employer cannot ask about a referral to or participation in any diversion program. An employer is also not supposed to look for any record of arrest (from any source) that did not end in a conviction. If this information comes to the employer’s attention anyway, the employer cannot use that record as a factor in hiring, promoting, or terminating that person. But this same code section says that the employer may ask an employee or someone applying for a job about an arrest for which he or she is out on bail or released on his or her own recognizance pending trial. A conviction, for purposes of this code section, includes pleas, verdicts, or findings of guilt. An employer also cannot ask someone applying for a job for information about a juvenile court case, even if a judge made a final decision against you in that case. If information about a juvenile case comes to the employer’s attention, the employer cannot use that record as a factor in hiring, training, promoting, or terminating that person.