If I got an expungement for grand theft will it still show up on background check? 10 Answers as of July 08, 2013

In 2008 I committed grand theft and in 2009 I went to court for it. Later in 2011 my paper work was finally filed for a record clearance. I've been trying to find a job since then but have been unable to. I'm wondering if it's because of my background check that it still shows up. Is there any way I can get it removed? Or be able to work in health care in the future? I'm really terrified that this is going to ruin my life. Please help me! If there is anything I can do or any advice anyone can give me please let me know. Thank you.

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 6/26/2013
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
A past conviction will still show on your automated criminal history. The last entry will merely be that it was expunged. If your employer is given authorization to get your official rap like the police have access to they will see what has occurred in the past.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
I'm not sure what "paperwork filed for a record clearance" means. Felony probation is usually for five years. Once you have successfully completed probation you can move the court to, first, reduce the felony to a misdemeanor and, second, to expunge the conviction. Once these things are done it is usually enough for you to go on with your life - that's the purpose of the motions. The convictions will still show up on some types of intensive background checks but, for the most part, you should be fine.
Answer Applies to: California
Replied: 8/3/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
If you had the conviction expunged, it would still show up on your record, but it would read "dismissed" after it. That should be beneficial when looking for employment.
Answer Applies to: California
Replied: 8/3/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Yes you can apply for an expungement as long as you meet certain criteria. If you went to state prison you cannot have this expunged. It would be a good idea that you contact a local criminal defense attorney and get a free consultation to evaluate if you are able to get this expunged. Given the current economic state you want this taken care of to be competitive in the job market.
Answer Applies to: California
Replied: 8/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    As long as you have successfully completed probation, am not currently on probation for anything else, and have no pending criminal case(s), you may be eligible for expungement.
    Answer Applies to: California
    Replied: 7/8/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing [for example in health care], bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. You have done all that can be to clean up your record.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    An "expungement" (technically, California doesn't have an expungement law, but we have a dismissal under Penal Code section 1203.4) allows you to tell most private employers that you have not been convicted of a crime, but it still remains on your criminal history. It just adds a notation that it was dismissed. Technically, an employer is not supposed to use dismissed cases against you in hiring decisions, but in reality?
    Answer Applies to: California
    Replied: 8/2/2011
    Bird & Van Dyke, Inc.
    Bird & Van Dyke, Inc. | Mary Ann Bird
    Yes.
    Answer Applies to: California
    Replied: 8/2/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    I have no idea what you mean your paperwork was filed for a "record clearance". There is no such thing in California. There is a motion under penal code section 12034 for an expungement and not sure if that is what you are referring to. If your record was expunged, first you needed to have the felony reduced to a misdemeanor. Did you do that? You need to speak in person or via phone to an experienced criminal defense law firm to help you.
    Answer Applies to: California
    Replied: 8/2/2011
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