Expunge sentence in the Security Employment Application

Aug 6th, 2022
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How to expunge sentence in the Security Employment Application

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Once youve received an expungement you can legally say youve never been charged with that crime. My name is Anastasia. Im a criminal defense attorney at Dummit Fradin and I handle expungements. Most people get an expungement so that schools, employers, and even landlords never find out about your past. While an expungement is great, there are certain limitations on it. For example, district attorneys and police academies can see these expunged records. Once a charge is expunged, it comes out of those public terminals fairly quickly. But it can take months up to at least six, eight, even a year before those charges are completely removed from the public and private domains. Even after the expungement has been filed, it may take months for private agencies to update their own records to reflect this expungement. For these reasons, we recommend starting the expungement process early. Contact an experienced attorney at Dummit Fradin today so we can clean your record.

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In California, when your record is expunged, the court clerk informs the FBI and the DOJ to update their records to show that your case has been dismissed. Note that private companies that do background checks, are not notified of the dismissal.
Thus, agencies such as the Transportation Security Administration (TSA), Federal Aviation Administration (FAA), Department of Homeland Security (DHS), and Federal Bureau of Investigation (FBI), for example, will most likely still be able to see your expunged records.
Expunged records do not have to be disclosed to an employer even after they make a conditional offer of employment. If you cannot expunge your record, you may be able to get relief through a Certificate of Rehabilitation, governors pardon, or sentence commutation.
Expunged records usually dont show up on regular fingerprinting checks because theyre removed from public view. Its like the record never existed, and the fingerprints dont point to any past problems.
[Respectfully request the court grants your request] For these reasons, I respectfully request that the court expunge/reduce my conviction so that I can continue to achieve my goals and contribute to society to the best of my ability.
The easiest way to check if your criminal record has been expunged is to visit the court where your case was handled and ask to see the records. If the court tells you they dont have your records, it means they were expunged.
Employment Screening For the vast majority of jobs, you dont have to tell your employer about your expunged case, and they wont be able to find it. Expunged records show up on fingerprinting background checks, however, because theyll be run through the federal database.
After employers in California make a conditional employment offer, they may order a criminal background check that goes back only seven years (with some exceptions). Therefore, employers cannot see convictions older than seven years and cannot pass you over based on seven-plus old convictions.

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