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Can Expungement Be Used Against Me?

If you have been convicted of certain crimes in the state of California, you may be able to get those crimes expunged, or cleaned, from your record. While the expungement application can be a tedious process, it allows certain restrictions to be lifted once complete.

A question we often get asked is in what circumstances can expungement be used against you. Admittedly, there are not many instances in which this can legally occur.

Can Expungement Limit Job Opportunities?

One of the perks of getting your record expunged is that the specific conviction that has been cleaned cannot be used against you when applying for a job. It also cannot deter you from getting a promotion or be a reason for termination, as it is viewed as discrimination in the California Labor Code. However, there are certain jobs in which your specific expunged conviction may make you ineligible - like law enforcement. Likewise, if an external company handles the background checks for a job you are applying for, you may need to alert them of an expunged conviction, or it may still reflect on your record.

Ultimately though, you can select "No" on the job application where it asks if you have ever been convicted of a crime.

What About Housing?

Since landlords are within their right to not allow tenants with criminal records, expungement can make it easier to get housing opportunities that you might've not previously had. Like job applications, cleaning your record allows you to write "No" when being asked if you have ever been convicted of a crime.

You may also be concerned with your expungement if you are running for public office, applying for a state license, or won the lottery. It's important to note that these instances may require disclosure of prior convictions, including those that are expunged.

If you have questions about whether your specific conviction is eligible for expungement or have any questions about the process, contact (909) 443-1599 to schedule a consultation.