The purpose and function of an expungement (Penal Code Sections
1203.4, 1203.4a, and 1203.41) is probably one of the most confusing
post-conviction issues in criminal law -- especially how private employers treat the information. Many private employers, even today, continue to ask
questions on their employment application forms which may be illegal, and might subject them to being sued.
With very few exceptions, the expungement process is strictly
limited to the relief authorized by the Legislature. Recognizing that
good people make mistakes, the expungement process is designed to provide some measure of post-conviction relief.
California Labor Code sections 432.7 and 432.8, and regulations
adopted by California [e.g., Code of Regulations Title 2,
Section 7287.4, subd. (d)] are intended to protect persons granted an
expungement from potentially embarrassing
questions posed by many employers. In safeguarding your constitutional
and statutory rights, it is critical that you understand the laws and
regulations that may apply to an expungement granted by
the court.
Although an expungement does NOT erase an actual conviction from
your adult criminal record, it may (1) assist you in getting a state,
county or local license or certificate that is required for you
to engage in certain careers or professions, (2) provide you with a
right to deny the existence of a prior arrest or conviction when asked
by a private employer, and (3) assist you with obtaining a Certificate
of Rehabilitation or Pardon from the Governor.