Expungments and criminal background checks

What is the name of your state (only U.S. law) Sacramento, California

My “criminal” record has been expunged and therefore needs to reflect that when I am fingerprinted which I do very frequently because I am a child care provider. You cannot understand what lengths I have gone to get my record expunged (since I no longer live in Kern County) and the crushing blows every time I get offered a new job and I come back with a “rap” sheet. The new DOJ fingerprint form from Community Care Licensing doesn’t even have a section for you to explain your crimes. My “crime” was that I had a glass container (a SoBe bottle non-alcoholic fruit drink) in a public park I got a citation (also know in law enforcement as an infraction or ticket) and paid my fine of $100.00 and subsequently later had my record COMPLETELY expunged. This occurred on May 14, 2002 and I am still dealing with the aftermath over 6 years later. I have NO other criminal history and have not had so much as a parking ticket since May 14, 2002.

I have to go through an exemtion proccess every 2 years that takes up to 3 months in which I cannot work. I know I am not the only person that the Depatment of "Justice" refuses to accept my exemption status from right? I've been told "We keep our record at the Department of Justice for 100 years" I said "OBVIOUSLY you so not keep accurate records then" I was also told by a seperate person that and I quote "You cannot take a magic eraser and erase your arrest records" Um isn't that what a petition and order for expungement that was granted DOES or am I crazy here? Besides I have never been arrested in my life!!!! I only have this citation.

Can we take legal action?

This seems insane in this economic time that my job offer will be recended and I can't work because of an expunged record for a citation in 2002????

Can anyone help me I am so frustrated I'm at my wits end with this it's been 6 years and I cannot get away from this madness??

Crashbox78 said:

What is the name of your state (only U.S. law) Sacramento, California

My “criminal” record has been expunged and therefore needs to reflect that when I am fingerprinted which I do very frequently because I am a child care provider. You cannot understand what lengths I have gone to get my record expunged (since I no longer live in Kern County) and the crushing blows every time I get offered a new job and I come back with a “rap” sheet. The new DOJ fingerprint form from Community Care Licensing doesn’t even have a section for you to explain your crimes. My “crime” was that I had a glass container (a SoBe bottle non-alcoholic fruit drink) in a public park I got a citation (also know in law enforcement as an infraction or ticket) and paid my fine of $100.00 and subsequently later had my record COMPLETELY expunged. This occurred on May 14, 2002 and I am still dealing with the aftermath over 6 years later. I have NO other criminal history and have not had so much as a parking ticket since May 14, 2002.

I have to go through an exemtion proccess every 2 years that takes up to 3 months in which I cannot work. I know I am not the only person that the Depatment of "Justice" refuses to accept my exemption status from right? I've been told "We keep our record at the Department of Justice for 100 years" I said "OBVIOUSLY you so not keep accurate records then" I was also told by a seperate person that and I quote "You cannot take a magic eraser and erase your arrest records" Um isn't that what a petition and order for expungement that was granted DOES or am I crazy here? Besides I have never been arrested in my life!!!! I only have this citation.

Can we take legal action?

This seems insane in this economic time that my job offer will be recended and I can't work because of an expunged record for a citation in 2002????

Can anyone help me I am so frustrated I'm at my wits end with this it's been 6 years and I cannot get away from this madness??

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Legal action for what? You have no case against somebody for your criminal records.....

Look an expungement makes it possible for you to obtain private sector jobs with companies ---- however -- state licensing boards that fingerprint you get pretty much everything criminal wise that you have ever done. Look under your states code for the requirements for child care providers and I believe you will find some statutes for substance/ alcohol abuse. Basically if it is the code (for a criminal conviction that would prevent you from working in that field) then you can not be licensed. An expungement does not eliminate any criminal conviction that would otherwise normally prevent you from practicing the profession. However, you can (with an attorney) ask for a hearing if you are again dealing with a state licensing board for an exception**************

Oh and for the record with the economy, number of lawsuits, craziness that is today's environment you can forget working at wal-mart or mcdonalds with an sort of criminal convictions being reported on your record.

good luck -- Redemption out**************

Um isn't that what a petition and order for expungement that was granted DOES or am I crazy here?

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Not crazy . . . just not understanding what expungement means

It only means that your record is taken from public viewing . . . government,
law enforcement, and certain other agencies can still see it . . . there is NO
process that will make it go away

From the California Courts website:


So ... let me understand this ... you have a citation for a municipal code violation on your STATE rap sheet? (Glass in a public park is a local thing, not a state one) That doesn't sound right at all. What is the specific code section you had (or tried to have) expunged?

I can't imagine you were booked for a municipal code violation ... this sounds very odd.

- Carl

I was never arrested therfore could have never been booked for this or anything ever in my entire life as I stated. So it would be odd I do belive es far as my situation I paid a $100 fine and walked out of the court paid and left as I walked in a half hour prior.

Most people who get an "expungement" in CA do not really realize that little changes with "files" within a court and even within agencies and databases. They are likely using a contract back ground research who is checking your record "by hand" by going into kern or databases and then at best its showing up as a conviction .. then later dismissed 1203.4. At worst, whatever they are using is not updated at all.

Other than marijuana possession convictions (or juvi), court files will not be "erased" or "sealed", its still there, public record, and available (unless the file purged through 68152e gc - but data would still be available by computer).

If you were arrested, a form would have been sent to the DOJ indicating a new disposition of the case, dismissed under 1203.4 - so a check through DOJ would accurately reflect the post conviction dismisal.

Since you werent arrested, that is not being sent out; furthermore, I would think its not being found at DOJ.

If it is through DOJ, you are able to petition them to update your records, you can get that info through their site. You might get/keep a certified copy of your Dismissal order... but I agree with CDW, that doesnt sound like the case. This sounds like a private research check and they could be using any number of online databases, including the court itself or simply going into the court house and running your back ground

Everyone here was WRONG!

All of your answers were completely wrong I got a law judge to have them recognize the expungement and ran the fingerprints last week and nothing my glass container in the park is gone.

Crashbox78 said:

All of your answers were completely wrong I got a law judge to have them recognize the expungement and ran the fingerprints last week and nothing my glass container in the park is gone.

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You have the nerve to come back here TWO YEARS later and tell people they were wrong when you didn't even answer the questions asked of you TWO YEARS AGO?

No one here was wrong - you never provided information that was asked of you to clarify your situation so that a proper answer could be given.

This thread has not one but two necroposts. This is not often seen in the wild.

I can come back whenever I wish I wrote the post, thanks come again!

Your arrogance is overwhelming.

Crashbox78 said:

thanks come again!

Click to expand...

You're welcome. I always do.