Who can see my record—even if it is expunged?

Anyone with access to your RAP sheet will still see your expunged convictions (see SIDE BOX). This includes law enforcement agencies, courts, licensing boards, and certain employers. You must disclose expunged convictions if you are applying for a job in certain fields such as law enforcement,[3007] healthcare,[3008] or banking,[3009] or if you want to apply for a professional or occupational license of any kind.[3010] Public Housing Authorities (PHAs), which run many government-assisted housing programs can also consider convictions that have been expunged.

2 things to know:

    Certain employers and most licensing agencies are required to ask about expunged convictions—and you MUST disclose this information if they do. However, these groups will also understand what an expungement means—they will know that you are making an effort to clean up your record by having the original conviction expunged.
    Although it is illegal for most private employers to ask about or consider expunged convictions when making hiring decisions,[3011] be prepared for unethical or uninformed employers to access and use this information anyway. For more information about what to do in this situation, see the EMPLOYMENT CHAPTER, on PG. 571.
  1. 3007

    Cal. Lab. Code § 432.7(b).

  2. 3008

    Cal. Lab. Code § 432.7(f).

  3. 3009

    12 U.S.C. § 1829.

  4. 3010

    Cal. Penal Code § 1203.4(a)(1).

  5. 3011

    Cal. Code Regs. tit. 2, § 7287.4(d)(1)(B); Cal. Lab. Code § 432.7(a).