Expungement – Your Rights & Obligations

Once all your convictions have been dismissed per penal code section 1203.4, this is what you can expect:

  1. Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code section 1203.4. So when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. But it is a good idea to read Penal Code section 1203.4, or California Code of Regulations section 7287.4(d), or to talk to the public defender in your county if you have questions about your rights and obligations regarding past convictions when applying for a job.
  2. Applying for government employment or a government license: For questions by government employers or on government licensing applications, if you are asked if you have ever been convicted of a crime, you MUST respond with “YES—CONVICTION DISMISSED.” In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards) will treat you the same as if you had never been convicted of any crime.
  3. You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
  4. Your dismissed convictions can still be used to increase your punishment in future criminal cases.
  5. Your prior convictions can still affect your driving privileges.
  6. If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender. Your status as a registered sex offender will continue to be available to the public on the Internet under Megan’s Law.
  7. If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed.

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