What does expungement do?
- An expungement makes it so that most private employers CANNOT see the expunged conviction when they run a background check on you.
- On job applications for (most) private employers, if you are asked if you have any convictions, you can answer “No”.[2992] EXCEPTION: On applications for certain jobs, you MUST report convictions even if they have been expunged. (For more information about who can still see or ask about expunged convictions, see PG. 958.)
IMPORTANT “BAN THE BOX” LAWS: Several California cities and counties have passed “Ban the Box” laws that bar employers from asking about convictions on a job application. If you apply for a job in a location with a “Ban the Box” law, the application should not ask about any convictions. For more information on Ban the Box laws, see the EMPLOYMENT CHAPTER, on PG. 571.
- Anyone else who does see the expungement will see it as a dismissal instead of a conviction, which is less alarming.
- If you apply for a professional or occupational license or certification, an expungement can help your chances because it is seen as evidence of rehabilitation.[2993] (Although the licensing board will still be able to see that there was a conviction that was dismissed.) For more information on licensing and certification, see the EMPLOYMENT CHAPTER, on PG. 571.
- An expungement may also be seen as evidence of rehabilitation when you apply for housing.[2994] Learn more in the HOUSING CHAPTER, PG. 371).
- If you were denied federal student loans because of a drug conviction, you will become eligible again after an expungement.[2995] For more information about regaining eligibility for federal aid after a drug conviction, see the EDUCATION CHAPTER, on PG. 882, and EDUCATION CHAPTER: Appendix B, on PG. 905).
IMPORTANT: If you are a noncitizen and were convicted of a DUI offense, getting your conviction expunged might have immigration benefits for you. It’s recommended that you contact a lawyer immediately if you have a DUI and you are a noncitizen. See the new section on immigration consequences of criminal records starting on PG. 1105, which includes a list of legal aid resources.
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- 2992
Cal. Penal Code § 1203.4(a) [by exclusion]; see also Dealing With Criminal Records in Alameda County Self-Help Manual, East Bay Community Law Center (2005), http://ebclc.org/documents/AlamedaCountyCriminalRecords-SelfHelpManual-SP2005.pdf. ↑
- 2993
Cal. Bus. & Prof. Code § 480(b). ↑
- 2994
Cal. Civ. Code § 1786.12; cf. 24 C.F.R. § 960.203 (for public housing, PHA must consider specific mitigating factors (time, nature, extent, seriousness of applicant’s conduct) and may consider evidence of rehabilitation. Note: For government assisted programs, PHAs are only encouraged—but not required—to consider mitigating factors); cf. 24 C.F.R. § 982.553(d); 24 C.F.R. §§ 5.903(f), 5.905(d) (If PHA proposes to deny housing based on applicant’s criminal record, it must first give applicant the opportunity to dispute accuracy and relevance of information); cf. 24 C.F.R. §§ 982.552(c)(2), 5.852 (suggested factors to be considered with criminal convictions. Note: This non-exhaustive list does NOT expressly include dismissal/expungement/record cleaning remedies; see also, Lawrence R. McDonough & Mac McCreight, Wait a Minute: Slowing Down Criminal Activity Eviction Cases to Find the Truth, 41 Clearinghouse Rev. 55, 76 (May-June 2007). ↑
- 2995
Students with Drug Convictions Have Limited Eligibility for Federal Student Aid, Federal Student Aid, https://studentaid.ed.gov/eligibility/criminal-convictions. ↑