Criminal Defense Q&A: What’s the Best Way to Present My Expunged Conviction in My Application for a State License?
Must you disclose an expunged conviction in an application for a state license? And, if so, is it better to disclose a detailed account of the incident that led to criminal charges, or a brief summary of events followed by steps the applicant has taken since the incident?
Question:
Do I submit a detailed description of my felony or a simple summary to the California Board of Accountancy Initial Licensing? I’m preparing to submit my application to the CBA but I am hesitant after doing some research. I was hoping that if I fully disclosed every detail and the circumstances that surrounded my crime that the board may consider approving the application without initial denial. I’ve searched the Board website and it appears there are applicants who have done some really bad things and the Board has approved them. What is the likelihood of my application being approved? Here are the details:
Convicted of felony vandalism to an employer’s office space 6 years ago. No prior record, no new record. Conviction reduced to misdemeanor and expunged. Completed all terms of probation and paid all fines and restitution. Have since attained undergrad degree, passed my CPA exams, attended a Master’s program, got married, held an accounting position since 2012 where my employer is fully aware of my conviction.
Answer:
Only the licensing board can speak to the chances of your application being approved.
Applicants for a license from a state agency must disclose expunged convictions when asked to do so. See Penal Code 1203.4(a)(1). However, a licensing agency may not deny granting a license to an applicant solely because the applicant has an expunged conviction. See Business and Professions Code §480(c).
If the expunged conviction must be disclosed, then the best that an applicant can do is acknowledge his or her misstep, express remorse, and focus his or her response on all that he or she has achieved since the conviction. Remember: An expunged conviction signifies that the applicant has rehabilitated to the satisfaction of a judge.
Read other criminal defense attorney answers to this question at Avvo: What’s the Best Way to Present My Expunged Conviction in My Application for a State License?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
