The Dolan Law Offices are experienced in helping Californians clear their criminal records under California law. Our knowledgeable and experienced attorneys offer many valuable services to those who have made mistakes in the past but who now live mistake-free in the present and wish to solidify their future.
The job market is highly competitive. This is no secret to anyone who has mailed (emailed) a resume. In 2020, job applicants need to utilize every attribute and advantage they possess to be hired. Of course, the ultimate decision rests with a prospective employer, but it’s up to the applicant to influence this decision as much as possible.
Anyone interviewing for a job can expect to be asked whether they have ever been convicted of a felony, and some employers may even ask about misdemeanor convictions. Few employers would minimize the presence of a criminal record on an individual’s application and a conviction is often the determining factor when an employer must make a choice between two candidates. A benefit of the expungement of a conviction is that the former offender is not required to disclose it to potential employers, which theoretically may aid in finding employment.
California Penal Code § 1203.4 mandates that an expungement releases an individual from virtually “all penalties and disabilities” arising out of the conviction. California employers are prohibited from asking about an applicant’s criminal record until a conditional offer of employment has been made to the applicant. A clear benefit of expunging the conviction under Penal Code § 1203.4 removes any obligation on the part of an applicant to disclose the conviction to an employer even after the employer makes a conditional offer of employment.
When an individual seeks to clear a record of a past crime, the experienced record clearing attorneys of the Dolan Law Offices evaluate whether a client is eligible for an expungement. However, individuals convicted of a felony who served time in state prison or were convicted of certain misdemeanor sex crimes are not eligible to expunge their conviction.
Thus, employers may not discriminate against any job applicant based on an expunged conviction. An expungement may also make it easier for those with professional skills, degrees, and certifications to obtain professional licenses in California.
Employers may not seek from any source whatsoever or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed.
Employers may ask an employee or applicant about an arrest for which the employee or applicant is out on bail or on their own recognizance pending trial.
Expungement, record sealing, and other post-conviction relief proceedings may be very complicated legal matters depending on the facts of the original case. If the State of California objects, a post-conviction relief matter may assume even more complexity. John Patrick Dolan has over forty years of experience helping well-intentioned Californians clear their criminal records and continue making present contributions to the Coachella Valley as valued members of the community. Call us today at (760) 775-3739 or find out more online here.
