Criminal Defense Q&A: Will I Have to Disclose My Expunged Conviction in My Application to Become a Teacher?
Question:
Declaring convictions in background checks? My teaching application is asking if I had any convictions, however, I got an expungement and got my conviction dismissed. Do I still have to declare it?
Answer:
It depends on whether your application is for a teaching job or to obtain a teaching credential from the California Commission on Teacher Credentialing.
If you already have your teaching credential, then you are not required to disclose a conviction that has been expunged. Moreover, prospective employers, if they find the expunged conviction on their own, cannot use it as a basis for not hiring you. Labor Code 432.7(a)(1); 2 California Code of Regulation §11017.1(b)(3).
If, on the other hand, you are applying to obtain your teaching credential, then you must disclose even expunged convictions. Penal Code 1203.4(a)(1). Even if you have an expunged conviction on your record, it may not be an automatic disqualification from obtaining your credential. An expungement demonstrates that you were not sentenced to prison, that you took affirmative steps to complete your probation, and that you have rehabilitated to the satisfaction of a judge.
Read other criminal defense attorney answers at Avvo: Will I Have to Disclose My Expunged Conviction in My Application to Become a Teacher?
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.
