Once my conviction is expunged, can I answer "No" to questions about convictions on job applications?
Legally, you may answer "No" to these types of questions. Keep in mind, though, that background checks typically go back 10 years, and employers can see that you had a conviction dismissed. Answering "No" may look dishonest. A better response may be "Yes, expungement granted."
If you are applying for a government job, a job that requires security clearance, or a job that requires a government-issued license, certificate or permit, the conviction will be discovered during the standard background check. You should disclose the conviction and expungement in these situations.
If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement.
How does an expungement affect strikes or other sanctions?
Although your conviction may be dismissed, the sanctions such as firearms prohibitions, exclusions from jury duty, or strikes, cannot be dismissed. These remain intact for life.
An expungement does not:
Remove the conviction from your criminal history. California and FBI criminal history records will still show the conviction and the subsequent dismissal.
Reinstate your right to possess firearms.
Allow you to omit the conviction from applications for government-issued licenses.
Seal the court case file from public inspection. The court file remains public record.
Prevent the conviction from being used as a "prior" for sentencing enhancements in subsequent convictions.
Prevent the conviction from being used to impeach your testimony if you are called as a witness in court.
Prevent the conviction from being used to refuse or revoke a government license or permit, such as real estate license, teaching credential, security guard certificate, etc.
Prevent the conviction from being used by US Citizenship and Naturalization Services for removal or exclusion purposes.
This is why I fucking hate the law. Manipulative fucking garbage.
What the fuck does it mean that you can expunge something but it can still count against you?
Why can they ask something they're not allowed to ask? Is it because they think the avg person doesn't know any better, and hence if they give up information that wasn't obtained unlawfully, the employer can now act on it?