Criminal Defense Q&A: Can I Expunge My Conviction for First-Degree Burglary? I Want to Become a Licensed Physical Therapist

Question:

I have a past conviction for first-degree burglary that I would like to expunge. If my felony conviction is expunged, do I still have to disclose it when I apply for my physical therapist’s license?

Answer:

Your question assumes that your conviction is expungeable.

First-degree burglary can be expunged, but only if you were sentenced to probation. However, even if you received a sentence of probation only, you will still be required to disclose your conviction to the state licensing board, in this case, the Physical Therapy Board of California. Penal Code 1203.4(a)(1).

It is understandable if you are hesitant to disclose your conviction to the licensing board. It was a mistake you made at a different time in your life, perhaps when you were a different person. But once the conviction is expunged, disclosure is, counterintuitively, a prudent decision.

Expungement communicates to the licensing board that you completed all the terms of your probation and have stayed out of trouble since your conviction. It also demonstrates your forthrightness, a desirable trait in those whom people are expected to place their trust in. And since an expungement can only be granted by a judge, it also serves as a judicial endorsement of your character. An explanation of the circumstances that led to your misconduct as well as your personal development since the incident can also improve the chances of your application being accepted by the licensing board.

On the other hand, if your first-degree burglary conviction resulted in a prison sentence, then you are not eligible for expungement. Penal Code 1203.4(a)(1), 461(a). You must still disclose the conviction, and it will not reflect well since it was not expunged.

If you received a prison sentence, you can try to seek a certificate of rehabilitation. Like an expungement, a certificate of rehabilitation conveys that you have rehabilitated to the satisfaction of a judge.

But a certificate is harder to get (there’s much more scrutiny of your case and your performance while incarcerated) and it will take significantly longer to obtain (you must live continuously in California for seven years after your release from prison before you can even apply for one). Penal Code 4852.03(a)(1), (3); 4852.01 et seq.

Best of luck.

Michael J. Ocampo, Attorney at Law

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