Will Ventura Employers See Your Expunged Record?
TLDR: California does not technically erase criminal records, but a conviction dismissed under Penal Code section 1203.4 generally cannot be used against you by most private employers. The Fair Chance Act and Labor Code section 432.7 provide important protections, though exceptions apply for certain positions such as law enforcement and some licensed roles. If you believe your rights were violated, you may have remedies through the California Civil Rights Department or a qualified attorney.
What ‘Expungement’ Means in California
California does not technically erase criminal records. Instead, under California Penal Code § 1203.4, a qualifying conviction can be dismissed after the person completes probation and meets other statutory requirements. The case is reopened, the plea is withdrawn or the verdict set aside, and the case is dismissed. The record of the original arrest and conviction still exists, but the disposition is updated to reflect the dismissal.
Can Ventura Employers See a Dismissed Conviction?
A dismissed conviction may still appear on certain background checks, particularly through court records or commercial background check companies. However, California law restricts how private employers may use that information. Under California Labor Code § 432.7, employers generally may not ask about, seek, or use as a factor in employment decisions a conviction that has been judicially dismissed or sealed. Statutory exceptions apply, including for positions involving law enforcement, work with children, and certain licensed roles.
The California Fair Chance Act
The Fair Chance Act, codified at California Government Code § 12952, generally prohibits employers with five or more employees from asking about conviction history before making a conditional offer of employment. After a conditional offer, if the employer wants to rescind it based on a conviction, the employer must conduct an individualized assessment and provide written notice giving the applicant a chance to respond. Convictions that have been dismissed under Penal Code § 1203.4 generally should not be considered.
What Background Check Companies Can Report
Under California’s Investigative Consumer Reporting Agencies Act, beginning at California Civil Code § 1786, consumer reporting agencies are limited in what criminal history they may report. Convictions that have been judicially dismissed or sealed generally should not appear on background check reports prepared for employment purposes. If a dismissed case still shows up, the applicant has a right to dispute the report.
Exceptions to Be Aware Of
Even after a dismissal, you may still need to disclose the conviction when applying for a position as a peace officer, when applying for a state or local public office, or when seeking certain professional licenses. As noted in Penal Code § 1203.4, the dismissal does not relieve you of obligations to disclose the conviction in response to a direct question on an application for public office or for certain licensing applications.
Tips for Ventura Job Seekers With a Dismissed Conviction
- Know your rights: Most private employers cannot ask about or use convictions dismissed under Penal Code § 1203.4.
- Wait for the conditional offer: Under the Fair Chance Act, employers with five or more employees generally cannot inquire into conviction history until after a conditional job offer.
- Review your background report: If a commercial report shows a dismissed case, you may dispute the inaccuracy with the reporting agency.
- Be honest about exceptions: If applying for a peace officer role, public office, or certain licenses, disclosure may still be required.
- Document any violations: Save job postings, emails, and notices that suggest improper use of a dismissed conviction.
Pre-Application Checklist
- Confirm your conviction has been formally dismissed under Penal Code § 1203.4.
- Obtain a certified copy of the dismissal order for your records.
- Run a background check on yourself before applying to spot inaccuracies.
- Check whether the position falls within a statutory exception requiring disclosure.
- Review the employer’s job application for compliance with the Fair Chance Act.
- Save copies of all employment communications in case you need to assert your rights.
Steps to Take if You Believe Your Rights Were Violated
If a Ventura employer asks about a dismissed conviction improperly, uses one against you, or a background check company reports a dismissed case, you may have remedies. You can file a complaint with the California Civil Rights Department or consult a Ventura employment or criminal defense attorney to evaluate next steps.
Frequently Asked Questions
Does an expungement in California completely erase my record?
No. California does not technically erase criminal records. A dismissal under Penal Code § 1203.4 sets aside the conviction, but the underlying record of arrest and case still exists with an updated disposition.
Can a private Ventura employer ask about a dismissed conviction?
Generally no. Labor Code § 432.7 restricts private employers from asking about, seeking, or using a judicially dismissed or sealed conviction in employment decisions, although limited statutory exceptions apply.
Will a dismissed conviction show up on a background check?
It should not appear on most employment background reports under California’s Investigative Consumer Reporting Agencies Act, but errors do occur. If a dismissed case is reported, you have a right to dispute it.
When do I still have to disclose a dismissed conviction?
You may need to disclose when applying to be a peace officer, when seeking public office, or when applying for certain professional licenses, as noted in Penal Code § 1203.4.
What can I do if an employer violated the Fair Chance Act?
You may file a complaint with the California Civil Rights Department or consult a qualified California attorney to evaluate possible legal remedies based on your specific facts.
Talk to a Ventura Attorney
If you have questions about how a dismissed conviction may affect your job search in Ventura County, contact our office to discuss your situation with a qualified California attorney.
Sources
- California Penal Code § 1203.4
- California Labor Code § 432.7
- California Government Code § 12952 (Fair Chance Act)
- California Civil Code § 1786 (Investigative Consumer Reporting Agencies Act)
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. California laws change, and individual circumstances vary. For advice about your specific situation, please consult a licensed California attorney.