By Carl Simons

Clearing Up Your Past Arrest Record

More and more companies are requiring criminal background checks of their prospective employees. Test time to deal with any possible blemishes on your criminal record is now, before any potential job opportunities are put in jeopardy, as the entire process can take anywhere from two weeks to three months.

Anyone with access to the Internet can find your criminal record by going to the right site and paying their fees. People subjected to 290 (sex offender) registration may be harassed by neighbors or discriminated against by their employers for their entire lives, unless the appropriate legal action is taken.

Your criminal history (any conviction of a misdemeanor or felony) is technically a matter of public record for anyone to see for up to seven years after your conviction. After seven years it is supposed to "fall off," but this is not the same legal effect as an expungement. Many times crimes will stay on your public record rap sheet long after they were supposed to have been taken off. These convictions and your entire criminal history remain on your Department of Justice rap sheet for the rest of your life.

California Penal Code Section 1203.4 (expungement motion) allows for people who have satisfactorily completed their probation to apply to the courts to have their guilty (or no contest) pleas withdrawn, their convictions set aside, and their cases dismissed -- the effect being that many background checks that search only for convictions will wipe your matter clear from their data banks. Other background check search engines will at least show the complete history of your matter, with the final entry being "guilty plea withdrawn," "conviction set aside," "case dismissed."

Most importantly, except for applications for state licenses or government positions (in those situations you must state your complete history of the matter), if a motion for expungement is granted, you may fill out employment applications and legally say that you do not have any convictions on your record. The filing of an expungement motion is largely an important "clean up matter" should you have any criminal convictions, whether they are felonies or misdemeanors. If your conviction occurred over seven years ago and you have not filed an expungement motion, legally you must still disclose the conviction even if you believe it may have fallen off your record.

Certain crimes subject to Section 290 registration can technically be a matter of public record for the rest of your life, unless you file the appropriate documentation with the court and have it granted. Depending on the crime, if either seven or 10 years have elapsed since you were subject to 290 registration, you may apply to the court to end having to complete this registration.

A competent attorney can help you with these motions and help clear off the lingering effects of your past criminal indiscretions and save you the embarrassment of having to explain the entire situation to your potential employer.

If you have any questions regarding such actions or any other legal matter, feel free to contact my office at (310) 749-4529.