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LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 746
Experience:  Practicing attorney licensed for over 23 years.
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I have a misdemeanor that has been in expunged in California.

Resolved Question:

I have a misdemeanor that has been in expunged in California. It was for petty theft over 17 years ago. It was expunged 13 years ago. I am now applying for a job in the office at a school district. Question 1 is what show up on the fingerprint scan and what will it state? and Question 2 Do you think the school district would hire me if it does? Question 3 Do they have the right to inquire of the nature of the dismissed conviction? question 4 I answered no on the application for employment to have you ever been convicted of a crime because I understand in California I can legally do so. Is this correct?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  LegalEagle1 replied 10 months ago.
Hello and welcome to JustAnswer. I would like to assist you with you question today.

Can you clarify something first. You use of the phrase "dismissed conviction" is confusing.

Are you saying that you were charged 17 years ago, what is were you convicted of that charge and then later had the conviction expunged? Or was the charge dismissed and you then had the dismissal expunged?
Customer: replied 10 months ago.


I had the conviction 17 years ago and then later had it expunged

Expert:  LegalEagle1 replied 10 months ago.
Question 1 is what show up on the fingerprint scan and what will it state?

If it has been expunged nothing should show up when they run your record. Occasionally an expungement is not done properly and comments related to an expunged offense show up when a record is run. If this happens you will need to contact the court that granted the expungement to have the record corrected.

Question 2 Do you think the school district would hire me if it does?

Usually a 17 year old conviction for a minor offense does not by itself bar a person from employment.

Question 3 Do they have the right to inquire of the nature of the dismissed conviction?

Your conviction was not dismissed. It was expunged. Normally you are not required to disclose an offense which has been expunged, for some jobs and licenses such inquiries are permitted.

Question 4 I answered no on the application for employment to have you ever been convicted of a crime because I understand in California I can legally do so. Is this correct?


See answer to question 3. Depending upon the job some employers are allowed to ask information regarding an offense that has been expunged.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 746
Experience: Practicing attorney licensed for over 23 years.
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