For individuals with a criminal record, securing employment can be challenging, as many employers conduct background checks to assess a candidate’s criminal history. In California, expungement offers a way to improve employment prospects by reducing the visibility of certain convictions. This article will discuss the effects of expungement on employment background checks, its legal authority, and the limitations that may still apply after a record is expunged.

What is Expungement?

Expungement is a legal process that allows individuals to clear their criminal record under California Penal Code § 1203.4. If a conviction is expunged, the court withdraws the plea or finding of guilt and dismisses the case. This means that the individual can legally say that they have not been convicted of the crime in most situations, including during job interviews and on employment applications.

While expungement can significantly reduce the impact of a criminal record, it does not completely erase the conviction. Certain government agencies, law enforcement, and licensing boards may still have access to the expunged record.

How Expungement Affects Private Employment Background Checks

For private employers, expungement greatly reduces the negative impact of a past conviction on a candidate’s employment prospects. Under California law, private employers are generally prohibited from asking about or considering expunged convictions during the hiring process.

Here’s how expungement affects private employment background checks:

1. Legally State “No Conviction”: Once a conviction is expunged, you are legally permitted to answer “no” if asked whether you have been convicted of a crime on most job applications. This provides you with a significant advantage when competing for jobs.
2. Background Check Results: In many cases, background check companies will no longer report an expunged conviction in their standard reports. Since the case was dismissed by the court, the conviction is typically not included in background checks run by private companies.
3. Ban the Box Law: California’s Ban the Box law prohibits employers from asking about criminal history on initial job applications. Employers must wait until after a conditional offer of employment is made to inquire about an applicant’s criminal history. Expungement strengthens the protection offered by this law because an expunged record does not have to be disclosed.

Limitations of Expungement on Employment Background Checks

While expungement is highly beneficial for private sector employment, there are some important limitations to consider:

1. Government Jobs: Expunged records must still be disclosed when applying for government positions. If you are applying for jobs in law enforcement, with the state or federal government, or to work in public trust positions, your expunged conviction may still be considered during the hiring process.
2. Professional Licensing: Many professional licensing boards, such as those overseeing the legal, medical, and financial industries, will still require you to disclose an expunged conviction. Although expungement reflects positively on rehabilitation, licensing boards have the discretion to consider the underlying offense when determining your suitability for a license.
3. Federal Background Checks: Expungement only affects state criminal records. Federal background checks, such as those conducted by agencies like the FBI, may still reveal an expunged conviction, particularly if the crime involved federal charges or if the agency has access to your entire criminal history.
4. Repeat Offenders: If you are convicted of a subsequent crime, the expunged conviction can still be used to enhance penalties or affect sentencing in future criminal proceedings.

When Employers Can See Expunged Records

While most private employers will not see expunged records during standard background checks, there are specific scenarios in which an expunged conviction may still be visible:

• Government Background Checks: As noted, federal, state, and local government agencies may still see an expunged conviction and may consider it during the hiring process.
• Security Clearance: If you are applying for a job that requires a security clearance, the expunged conviction may still be uncovered during the in-depth background investigation required for clearance approval.
• Immigration and Federal Agencies: Expungement does not prevent federal agencies from seeing or considering a past conviction for immigration purposes. This is particularly important for non-citizens seeking visas, permanent residency, or citizenship.
• Professional Licensing Boards: Expungement does not conceal your criminal history from licensing boards, which may still factor an expunged conviction into their decision to grant or renew professional licenses.

How to Handle Expunged Records on Job Applications

After obtaining an expungement, knowing how to navigate job applications and interviews becomes crucial. For most private-sector jobs, expungement allows you to answer “no” to questions regarding past convictions. Here are some tips on handling expunged records during the hiring process:

1. Read the Question Carefully: Many applications ask whether you have been convicted of a crime. If your record has been expunged, you can answer “no” unless the question specifically asks about expunged or dismissed convictions.
2. Be Honest with Government Jobs: If you are applying for a government position, law enforcement, or a job that requires a security clearance, be honest about your expunged conviction. Failing to disclose it in these situations could lead to more significant consequences than simply having the conviction itself.
3. Explain Expungement if Necessary: If your expunged conviction does come up in an interview or background check, explain the steps you took to have the record expunged and how you’ve changed since the conviction. This can show potential employers that you’ve taken responsibility and made positive changes.

Legal Authority for Expungement and Employment

Several California laws govern the expungement process and how it affects employment background checks:

• California Penal Code § 1203.4: Governs the expungement process, allowing individuals to withdraw their plea or set aside a conviction after successfully completing probation or sentencing.
• California Labor Code § 432.7: Prohibits employers from asking about or considering expunged convictions when making employment decisions, with certain exceptions.
• California Government Code § 12952 (Ban the Box Law): Prohibits employers from inquiring about criminal history before a conditional job offer is made.

Conclusion

Expungement provides a significant advantage for individuals with a criminal record, particularly when it comes to employment. By legally clearing your record, expungement allows you to answer “no” to most questions about past convictions and prevents private employers from accessing your criminal history in standard background checks. While expungement has certain limitations—especially for government jobs and professional licenses—it remains one of the most effective tools for improving employment prospects and securing a brighter future.

Citations

• California Penal Code § 1203.4
• California Labor Code § 432.7
• California Government Code § 12952 (Ban the Box Law)