• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

expungment does it really work

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? ca
yes i wanted to know if getting an expungment works... i heard that its does not clear your record like it says its suppost to... when apply for a job it still show up says what you did/ expunged? i heard this from some one... is this true.. has anyone got a expungment done before?
 


CdwJava

Senior Member
What is the name of your state (only U.S. law)? ca
yes i wanted to know if getting an expungment works... i heard that its does not clear your record like it says its suppost to... when apply for a job it still show up says what you did/ expunged? i heard this from some one... is this true.. has anyone got a expungment done before?
Will an expungement remove people's recollection of the events? No. Will it remove it from public records firms that obtain records from local courts? No - not until it is served on those companies (they hold those records from CA for 7 years or until an expungement order is served on them).

An expungement is not perfect as far as removing all traces of the record, but it does allow a person to legally state they have not been convicted of certain offenses for most private sector employment.
 

CdwJava

Senior Member
ok so what cant i get with a dui? is there any way to become a cop or a animal cop? what about real estate?...
A misdemeanor conviction is not a bar to employment as a peace officer. In the background phase of hiring the DUI would be looked at in the context of the time (your age and the circumstances) and what you have done in he intervening years to show a better pattern of responsible behavior.

It should be no bar to licensing in real estate at all.
 
ok now are you really a cop in nor cal? mine is a Misdemeanor... so it may be possible to become a cop and long as i show no doing wrong in anything ...
 

CdwJava

Senior Member
ok now are you really a cop in nor cal? mine is a Misdemeanor... so it may be possible to become a cop and long as i show no doing wrong in anything ...
Yes I am, and I am also a background investigator and sergeant.

Keep in mind that your expungement will mean nothing to law enforcement as law enforcement is permitted to access that information even though it might be expunged.

Some agencies are more tolerant than others, but there i no state or federal prohibition against employment as a peace officer with ANY misdemeanor conviction. In most agencies, they would likely want to see about 5 years between the time of application and the DUI, but that number varies by individual circumstance. In the intervening time - no matter how long or short - the agency will want to see what you have done to show that you are now responsible and mature and NOT making the same mistakes that led to the prior conviction. And, yes, they will likely seek a copy of the police report so they have all the details.

We had one guy who applied here who had a DUI conviction and swore he had learned his lesson. We late found out that in the previous four or five years he had a steady string of contacts for alcohol related disturbances outside of some nightclubs and bars in neighboring jurisdictions - no arrests, but a half dozen contacts in three years. Needless to say he was not hired.
 
oh ok i see... you have to have good credit to become a cop right? what county do you work for? im actually from northern cali.... now whats a back ground invest. sound interesting.... i always wanted to become a cop for the animals..
 

CdwJava

Senior Member
oh ok i see... you have to have good credit to become a cop right? what county do you work for? im actually from northern cali.... now whats a back ground invest. sound interesting.... i always wanted to become a cop for the animals..
As a matter of personal policy, I do not give away where I work or live. But, if you are looking to become an animal control officer, those qualifications vary a great deal by county. In some places, counties and cities contract with private organizations, in others they do animal control work on their own. Animal control employees may, or may not, have limited peace officer powers.
 
Yes I am, and I am also a background investigator and sergeant.

Keep in mind that your expungement will mean nothing to law enforcement as law enforcement is permitted to access that information even though it might be expunged.

Hmmm...that's interesting. So, will they be able to access records from other states as well?
 

CdwJava

Senior Member
Hmmm...that's interesting. So, will they be able to access records from other states as well?
It depends on the laws in the state holding the record, but, generally, yes, we can get those records. If the state in question mandates the record be destroyed or sealed from all access, then we cannot get the copy.

When I find out an applicant has a crime or other report in another state I can usually get the record from the agency holding it. If, for some reason, I cannot (and there has been one instance in one state where it had been sealed and required the applicant's direct intervention and permission to release it) we get the applicant to get a copy of it if he or she can.

I have never failed to get a copy of a report that physically exists.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top