Once You Expunge Your Criminal Conviction, Employers Can No Longer Hold It Against You
It’s no secret that expunging an old conviction can improve your job prospects.
That’s because employers are prohibited by law from asking applicants about a past conviction that has been expunged.
And even if an employer discovers an expunged conviction through a background check …
A prospective employer cannot — by law — use your expunged conviction as a reason not to hire you.
Note: This is a legal protection that applies only to convictions that have been expunged.
So, are you eligible to expunge your conviction?
You most certainly are if:
- After you were convicted, you received a sentence of probation only; and
- you’ve completed your probation.
For misdemeanors and less serious felonies, probation typically lasts between 3 and 5 years.
Should you complete the terms of your probation sooner, you can petition the Court to terminate your probation early and remove a major roadblock between you and your future opportunities.
Some misdemeanors can be reduced even further to infractions.
Is there a benefit to doing so?
An expunged conviction signifies that you have completed your sentence, that you were not sent to prison, and that you rehabilitated to the satisfaction of a judge.
A misdemeanor that was further reduced to an infraction and then expunged signals just how minor your misconduct was.
Some common misdemeanors that can be reduced to infractions include:
- disturbing the peace (Penal Code 415),
- driving while unlicensed (Vehicle Code 1200),
- possession of alcohol by a person under 21 (Business and Professions Code 25662), and
- using a fake ID while under 21 (Business and Professions Code 25661).
We all make mistakes. Don’t let your past missteps limit your future opportunities. If you must disclose a prior conviction, proudly present yourself in the best light. Take control of your past and see if a skilled professional can help you expunge your past conviction.
If you’d like to learn more about how an expungement can help you take control of your past, then check out some of the articles below or download the free legal guide “Expungement Explained in Plain English: Quick and Simple Answers to the 8 Most Commonly Asked Questions About Expungements.”
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.
