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Attorney Edgar P Lombera

What An Expungement Can Do For You

1. Gives You A Better Chance of Getting a Job

The most valuable benefit of expunging your California criminal record is that it can assist you in securing employment, in spite of suffering a criminal conviction.

Today, almost every employer does a background check before hiring a job applicant. The background check is quick, inexpensive, and can be done right from the employer’s own computer.

The information retrieved is sometimes incomplete and inaccurate, but generally it reveals the applicant’s records of arrests, convictions and probation status. Most employers consider the applicant’s criminal record in deciding whether to extend a job offer.

A person whose conviction is expunged can lawfully answer “no” if asked whether he/she has been convicted of a crime. Moreover, the California Code of Regulations says an employer cannot even ask a job applicant about an expunged misdemeanor conviction. It is unclear whether an employer may inquire about expunged felony conviction.

2. State Licenses

To be sure, even after an expungement you must still disclose the conviction in response to any question posed in an application for a state license or application for public office.

However, many licensing agencies will condition the award of a state license upon the conviction being expunged, and many will look upon the situation more favorably (or less unfavorably) if the applicant has successfully completed probation and the expungement process.

3. Helpd With Professional Organizations

Many professional organizations do background checks before inviting someone to join or to hold a position or a seat. Again, the stigma and ill effect of a criminal conviction can be reduced if the case has been dismissed through the expungement procedure.

4. Gives You Personal Satisfaction

Many of our clients express a great sense of relief after gaining an expungement. While it does not magically erase the past, it helps bring redemption for a mistake and closure to a frustrating chapter in their lives.

5. Immigration Consequences

An expungement generally does not preclude the immigration consequences of a criminal conviction, such as deportation, denial of admission and denial of naturalization. However, in some instances it can. For example, under Ninth Circuit law, which governs California, an expungement after a simple first-time drug possession offense can help an immigrant avoid otherwise mandatory removal and loss of immigration benefits.

 

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