Past convictions are holding back more Californians than ever. Sometimes these convictions can be 20, even 30 years old. Fortunately California has a process that allows you to have past convictions dismissed or expunged from your record. By contrast, Federal offenses are not expungeable from records, though we are working to change that (see Fresh Start Act of 2011.) At Beahm Law, we frequently help clients clear up their past records by seeking to have the conviction dismissed pursuant to Penal Code section 1203.4. Once a California felony, misdemeanor or infraction conviction is expunged, a prospective employer may not use it against you in hiring decisions. In fact, they cannot even ask about your California expungement in an interview. Further, an employer cannot use an expunged conviction against you in promotion decisions. It is important to know what a California expungement does and does not do. Contrary to popular belief, an expungement does not erase or destroy your record. When a criminal background check is run, it will likely still indicate the code section you were originally accused of. However, it will now show that the case against you was dismissed. In addition, a California expungement does not overturn a driver’s license suspension or revocation, allow you to own a gun if your gun rights have been revoked under Penal Code 12021, or end your duty to register as a California sex offender. Beahm Law can normally file for an expungement or dismissal as soon as your probation has ended. In some cases, we can even request that the court terminate your probation early and allow us to file for an expungement immediately.
