3 Things to Know About Expungement

A criminal conviction can hold you back for a long time, even if you are out of prison or only had to do probation. It can happen in job applications, in applying for an apartment and in other ways.

At Fisher Law Office, in San Luis Obispo, we don't want that to happen to you. That's why we focus a key part of our law practice on helping people clear their criminal records.

Call today to arrange a free meeting to talk about what we can do to help you.

Expungement affects disclosure of convictions on job applications.

If you obtain an expungement, you will not be required to disclose the expunged conviction on job applications. Even if your prospective employer discovers the expunged conviction during a deep background check, the law prohibits them from using it against you. If you obtain an expungement, you would only need to disclose the expunged conviction when applying for a government-issued license, applying for public office, or contracting with the state lottery.

The California Labor Code limits what an employer can ask a job applicant about charges that did not result in a conviction.

Under Section 432.7 of the California Labor Code, an employer doesn't get to ask an applicant about certain things. This section prohibits an employer from asking about an arrest or a detention, if a conviction did not follow that incident.

Employers are also prohibited from asking about involvement in or referral to a diversion program (such as a treatment program you participated in as part of an agreement to avoid more serious charges).

In addition, the Labor Code says employers cannot ask applicants about juvenile proceedings, even if there was a conviction.

Section 432.7 also limits what employers can ask about convictions that have been set aside by a judge or ordered sealed.

Applying for a pardon usually requires a certificate of rehabilitation.

To apply for a pardon, you must generally first get a certificate of rehabilitation from the court.

A certificate of rehabilitation is an order from the court where someone who was convicted of a felony resides. This is part of the process of cleaning up your record.

The certificate states that the ex-offender has achieved rehabilitation. This is useful in seeking a pardon and in gaining restoration of rights, such as the right to possess firearms.

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We want to talk with to see how we can help you clean up your record. Call us to schedule a free meeting. You can also complete the brief online form to tell us about your situation.