by Carl Simons

CLEARING YOUR CRIMINAL RECORD

More and more companies are requiring criminal background checks of their prospective employees. The best time to deal with any possible blemishes on your criminal record is now — before any potential job opportunities are put in jeopardy. As the entire process can take anywhere from two weeks to three months, the best time to clean up your record is before it comes into question.

Finding anyone’s criminal record these days is as easy as signing onto the Internet, finding the right site and paying their fees. Any stranger can have access to your past indiscretions. People subjected to 290 registration may be hassled by neighbors or discriminated against by their employers for their entire lives, unless the appropriate legal action is taken.

Your criminal history (any conviction of a misdemeanor or felony) is technically a matter of public record for anyone to see for up to seven years after your conviction. After seven years, it is supposed to fall off your record, but this is not the same legal effect as an expungement. Many times crimes will stay on your public record rap sheet long after they were supposed to have been taken off. These convictions—and your entire criminal history—remain on your Department of Justice rap sheet for the rest of your life.

California Penal Code Section 1203.4 (expungement motion) allows for people who have satisfactorily completed their probation to apply to the courts to have their guilty (or no contest) pleas withdrawn, their convictions set aside and their cases dismissed—the effect being that many background checks that search only for convictions will wipe your matter clear from their data banks. Other background check search engines will at least show the complete history of your matter, with the final entry being guilty, plea withdrawn, conviction set aside, case dismissed.

Most importantly, except for applications for state licenses or government positions (in those situations you must state your complete history of the matter), if a motion for expungement is granted, you may fill out employment applications and legally say that you do not have any convictions on your record. The filing of an expungement motion is largely an important “clean up matter.” Should you have any criminal convictions, you may expunge felonies as well as misdemeanors. If your conviction occurred more than seven years ago and you have not filed an expungement motion, legally you must still disclose the conviction, even if you believe it may have fallen off your record.

A competent attorney can help you with these motions and help clear away the lingering effects of your past criminal indiscretions and save you the embarrassment of having to explain the entire situation to your potential employer.

If you have questions about this or any other legal matter, you can contact the Law Offices of Carl Simons at (310) 749-4529.