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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25933
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I had a felony drug conviction 15 years ago and it was

Customer Question

I had a felony drug conviction 15 years ago and it was expunged 10 years ago. Im an electrician and my new job is building a new crime lab for the sheriffs dept. They want me do do a live scan background check to enter a certain building. Ive already filled out a form saying no felony convictions as i was told i could do after expungment. Ive done this before with no repercussions. Im concerned on this one What do you think?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


My name is ***** ***** I am an experienced criminal lawyer.

You are correct. You have the right after an expungement to deny a felony conviction. However, this is a government job, and a California expungement is not a true expungement. It is more in the nature of a set aside. So they will likely find your arrest and would show as a dismissal.

There are two schools of thought when filling out an application in a situation like this. One is to rely on your right to deny a conviction. The other, particularly if your government position involves clearance issues, would be to disclose it as an arrest and an expungement, since they will likely see it anyway and it will look more honest.