Will my Expunged Felony Conviction show up during fingerprinting for my Notsry Public License?

20 Years ago, i pead guilty to a Felony in California. I was 22, scared into the plea, and was told it would be dismissed after probation. The case was closed, and i was sent papers saying it was dismissed.

Fast forward 20 years....After relocating to Texas, i went to apply for my Rraltors License, and the Conviction came up.

I was denied, because they said i lied on my application. I contacted the Department of Justice in California, and they told me the ball was dropped sonewhere, and that it hadnt been expunged. They told me that Expungements no longer exist, but that i could have the Felony reduced.

I filled out the proper paperwork to have the Felony reduced to a Misdemeanor, and a plea of Not Guilty entered, and received a copy of the final disposition.

My new job has asked me to obtain a Notary License for work. I have to be fingerprinted. Will this previous conviction show up, and can i put down that i have never been convicted for a Felony?

I do not want to be embarrassed at work if this shows up on my rrcord.

Any answers?

3 Answers

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  • John S
    Lv 7
    5 years ago
    Favorite Answer

    People answering this question are unfamiliar with California law. California does NOT offer a true "expungement" (and NEVER has done so). What is available is a post-conviction dismissal under Pen C 1203.4, which can be obtained by anybody who successfully completes probation following a criminal conviction (misdemeanor or felony). It is of limited value. The record is still in existence, but it will show the dismissal. This does allow the person to state that they have not been convicted in any application for private employment (whether that extends to private employment outside California is questionable). However, it does not restore gun rights and, important to your question, the conviction still has to be revealed in any application for a government license (which probably does extend to licenses outside California).

    If the problem is that you have a felony conviction, if the offense is a "wobbler" (one that can be punished as a felony or misdemeanor) then it is entirely correct that you can request the court to reduce the matter to a misdemeanor. In fact, such a request should have been made when you applied for a dismissal under Pen C 1203.4.

    More information here:

    http://www.courts.ca.gov/1070.htm

    Source(s): 40 years as a criminal defense attorney
  • Squid
    Lv 7
    5 years ago

    Felonies don't get expunged.

    Nothing over the age of 18 gets expunged.

    Pleading guilty gives you a conviction.

    It's on your record for the rest of your life.

  • WRG
    Lv 7
    5 years ago

    No that is what Expunged means. It is gone.

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