What Shows On Employer Background Check After Expungement

This is probably the most popular question our clients ask us - what exactly will show on a criminal background check after an expungement has been completed (dismissal pursuant PC 1203.4). Once an expungement is done the case / conviction information will either be removed completely, or only updated to reflect that an expungement has been done, based on the type of background check that is ran on you. There are two types of background checks that can be conducted based on the type of information the entity requesting the background check has access to. 

(1) Using Your Fingerprints: Very few entities have the right to ask for this type of very intrusive background check (e.g., working with children, banks, etc.). However, in this situation your whole record will be visible, including all arrests, convictions and expungements. However, the expungement will help even in these situations as it is illegal for any employer to consider any arrest information that did NOT result in a conviction, which is what your case will be once we are done with it. Your case will be updated on this type of background check to state "Dismissed Pursuant PC 1203.4."

(2) Using SSN: This is the type of background check that is conducted by 99.999% of entities that will run a background check on you (typical employers, landlords, etc.). On this type of background check all information about the case will be removed once the expungement is done. This means that when you answer "no" after the expungement on applications that ask if you have a criminal history, and your criminal background check will accurately match your answer. 

Summary:

In almost all situations your expunged case will not display on a criminal background check ran on you by an employer, landlord or lender. Meaning you can approach opportunities with confidence and peace of mind.  It must also be noted that you should NEVER pay a company to update the databases after expungement, as this is done automatically and for free (read about how expedited database updating services are a scam). 

Difference Between Criminal Record Expungement vs. Dismissal

Many of our clients are often confused about the difference between criminal record expungement and criminal record dismissal (or dismissal of the conviction). The term expungement is defined as - to strike out, obliterate, or mark for deletion - which is not entirelyl accurate of what the expungement process will do for you. The fact is that the term expungement is not a real legal term used in the state of California, rather an "expungement" is really just a dismissal pursuant PC 1203.4 (the expungement law). Thus, the term expungement and dismissal are synonymous, and can be used interchangeably. Most people use the term expungement, however, the proper term for expungement is "dismissal pursuant PC 1203.4."  

Summary:

The next time you hear somebody say "criminal record expungement" you can feel free to correct them (and sound smart in the process) and tell them that an expungement is actually a dismissal pursuant PC 1203.4.

Restoring Gun Rights After A Felony Conviction

Having a felony conviction on your record negatively impacts your life in many ways, and one of the most fundamental ways is the elimination of your constitutional right to own a gun. However, once you have been convicted of a felony not all hope is lost, and you may be able to restore your right to own a gun. Below are several discussions, the first is focused on restoration of gun rights after you have been sentenced to state prison, and the second is focused on restoring your right to own a firearm when no state prison time was involved. 

Specializing In Helping You Restore Your Gun Rights

 Please do not hesitate to give us a call if you have any questions regarding restoring your 2nd Amendment right to own a firearm. We understand how important this fundamental right is, and we will do everything in our power to help you restore your rights. We greatly look forward to helping you in anyway we can.

Sincerely,

David Huffman, Esq.
Founding Attorney, Fresh Start Law Center

Difference Between Record Sealing vs. Record Expungement

We often get the question from our clients about the difference between criminal record sealing and criminal record expungement, and thought it would be best to write a quick article explaining the difference.

Criminal record sealing: Sealing a record is only available in two situations: (1) Arrest Record - For an arrest record that did not result in a conviction. In that case we can motion the court under PC 851.8 to have the arrest record sealed, if we can prove you were factually innocent of the charge you were arrested for (view arrest record sealing page). (2) Juvenile Record -  A juvenile record in, in most cases, can be sealed as well (view juvenile record sealing page).

Sealing a record offers the greatest amount of relief available, but unfortunately it is only available in the above two situations. After a record has been ordered sealed then the entire record, including fingerprints, booking photo, and arrest report, will be sealed and then subsequently destroyed three years after the arrest. The arrest will be treated as if it never occurred for all intents and purposes.

Criminal record expungement: Getting a crimianl record expunged (which is actually a dismissal - read our article on the difference between an expungement and a dismissal) is the only relief that is available once there has been an adult conviction. Once the record is expunged (which is not the same as sealing) the official record is modified to show as "dismissed" rather than "convicted." This allows you to answer "no" if asked if you have a past criminal conviction on 99.9% of applications or questionnaires. Furthermore, once the conviction has been dismissed the case  information will not display on most employer background checks (read our article on what will display on an employer background check after expungement).

Summary:

Record sealing is only available for an adult arrest that did not result in a conviction, or most juvenile criminal records. Criminal record expungement is the only relief available if a conviction occurred, as an adult criminal conviction can never be sealed in California.