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  • former deputy public defender

    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

  • award winning certified criminal law specialist

    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

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    Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.

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How Does an Expunged Record End Up in a Background Check?

Posted in Expungement,Uncategorized on March 26, 2019

Criminal records can follow you for many years and impact many aspects of your life, including your ability to find employment, obtain housing, or vote. However, you can undergo the expungement process to release you of these consequences. While expungement can help with many aspects of post-conviction life, certain expunged records can appear in a background check.

Who Can Expunge a Record in California?

In the state of California, certain individuals convicted of misdemeanors and felonies can expunge their criminal records and release themselves from all penalties and disabilities from the conviction. You can expunge a criminal record if you successfully completed probation for the offense in question and satisfy one of the following criteria:

  • You did not serve time in state prison for the offense in question.
  • You served time in state prison, but you could have served in county prison if your crime occurred after the implementation of Realignment under Proposition 47.
  • You want to expunge a crime involving marijuana.

However, you cannot expunge a criminal record in California if you meet any of the following criteria. You may find relief through a pardon, a commutation of a prison sentence, or a certificate of rehabilitation.

  • You are currently facing a charge for a criminal offense.
  • You are currently on probation for a criminal offense.
  • You are currently serving a sentence for a criminal offense.
  • You have a conviction for certain sex crimes involving children.

Expunged Records and Background Checks

Sometimes when you are applying for a new job, you will need to undergo a pre-employment background check. During this process, your potential employer should not see any information from a record you had expunged or sealed in the past. However, these records can still show up in many private and public databases due to technical error and numerous copies.

However, these occurrences are rare and your expunged record will most likely not show up on a background check. If your potential employer does decide to refuse you a position based on the expunged record, he or she must send you a pre-adverse action letter. You can dispute these results with evidence that you expunged your record.

If you dispute the findings in the background check, the agency that your potential employer used to conduct the check needs to redo the check within 30 days. However, the county may still have the record on file and it may show up again. In these cases, you must report to a judge and bring a few verification documents to the background check agency. The agency will confirm the findings with the judge and force the county to update the records. For best results in this process, obtain the services of a Riverside expungement attorney to assist you.

When Do You Have to Disclose an Expunged Conviction?

Under California law, you have the right to withhold information about an expunged conviction if you do not want to disclose this information. The expungement process gives you this right, and you can retain this right when you are applying for a job. However, you must disclose your expunged conviction under the following circumstances.

  • You must disclose your expunged conviction if you are applying for public office. You must disclose if you are running for mayor, governor, city council, school board, or any other elected position.
  • You must also disclose your conviction if you are contracting with the California State Lottery Commission.
  • Finally, you must disclose your conviction if you are applying for a state license. For example, if you are applying for a medical license or a license to practice law, you must disclose your expunged record.

Expungement can provide relief if you want to be free of your conviction. If you are struggling with removing the expungement from your background check, obtain the services of a Riverside criminal defense attorney.