Disclose Criminal Convictions in California Schools

Obtaining an expungement under PC 1203.4 has numerous benefits and can show future or current employers that you have rehabilitated yourself.  Unfortunately, an expungement does not mean a permanent removal from your record for certain background checks, including schools.

This question (or one very similar) will be on any application for employment at all school districts in California.  “Have you been convicted of, or plead guilty to, a criminal felony or misdemeanor?”

If you have a criminal conviction for a misdemeanor or felony, except for possession of marijuana or traffic infractions, the best answer is to mark the box “Yes” and explain that the charge was dismissed pursuant to PC 1203.4.

A 1203.4 dismissal does not erase a conviction as if it never occurred.  Although PC 1203.4 is relief from certain "penalties and disabilities", but not all of them, including school districts.

The federal government has no obligation to recognize a 1203.4 dismissal, nor does the State of California.  Although you are only applying for a position at a school, you could be considered a public official.

Public Offices are held by "Public Officials" (see Gov. Code 82048) (apparently California is one of the very few states that includes state employees in their definition of "public official").  Since employees at the School District are considered a state employees, it is best to disclose the conviction.

Furthermore, anyone applying for a professional license (teaching credential), California licensing agencies will require you to disclose a conviction even if it has been dismissed pursuant to section 1203.4.

It is better to disclose the criminal or DUI conviction than to be denied employment because you lied on your application.  If you have questions or concerns regarding your conviction or eligibility for an expungement, please contact my office to discuss your specific case with me. I consistently handle expungement cases and can make sure you know all the information in order to move on from the conviction that may be holding you back.


Posted on
March 18, 2015
in
Fresno Criminal Law Posts
category
criminal convictions, disclose expungements, dismiss criminal & DUI charges, expungements, expungements and schools

Saving Lives: Protecting Patients with Marijuana

Drug and marijuana cases can be fought when you have the right criminal law attorney in Fresno. Free consult to discuss your case.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
October 6, 2015
Questions on medical marijuana in the state of California? See what the problems with production and transportation of medical marijuana in the state and see what you can do to protect yourself as a user and patient.

Is Proposition 47 Appropriate for Your Felony?

Do you need Prop 47 relief in Fresno County? If so, call immediately to discuss your case to ensure you get the relief you deserve.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 13, 2015
Before applying for Prop 47 Relief, make sure you qualify. Most people do not understand the new California Prop 47 laws and it is important to get the relief you are entitled to by reviewing our info-graphic.

Reminder to Reduce Your Charges Under Prop 47

See if you qualify for Prop 47 relief or an expungement for your felony case. Our lawyer will make sure you qualify.
Criminal
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
March 18, 2015
If you have a Proposition 47 case and you are eligible to apply, make sure to apply for relief. Failing to do so will result in your charge staying on your record and you will still be considered a felon. Don't wait, call us today.

Cellphone Location Data and Privacy in Fresno

Cell phone criminal lawyers Fresno will help you with illegal search and seizures. Need experienced advice in criminal prosecutions.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
January 16, 2016
Should officers be able to search your phone in Fresno? What rights do you have when it comes to your phone? Find out if your phone is subject to being searched by law enforcement and what can you do to protect your privacy.

Motions to Suppress in Criminal Cases in Fresno

Illegal detentions, searches and seizures are serious and without a criminal attorney, it is difficult to win a suppression motion.
DUI
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
March 6, 2015
Motion to suppress hearings are a way to show the police illegally searched or seized evidence illegally. Make sure you understand what these motions are and how to use them when you are facing criminal charges.

Speedy Trial Violations: Dismissals are Possible

Fresno courts must dismiss the case against you even if you are guilty when your rights are violated in Fresno with the right attorney.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
April 18, 2016
The government is required to prosecute you within a reasonable period of time, and when there is a violation of a speedy trial right, it is serious. See if your case should be dismissed when the district attorney violates the law.

Who Let the Dogs Out? National Dog Day!

Dogs are the best, especially on National Dog Day, even when I am reading the law books at Tina Barberi's law firm
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
August 26, 2015
Hooray, today is National Dog Day! We love our four-legged friends and want to show our special thanks for the love they always give us. Meet our best friends and then tell your special pooch how much they mean to you as well.

Happy Veterans Day! Let's Celebrate Our Brave Soldiers

Criminal lawyers will help you when you are charged with a Drunk driving this Veteran's Day.
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
November 11, 2015
Fresno Police Department is patrolling this weekend for suspected drunk drivers in Fresno. If you are drinking during the holiday weekend, please make sure to not drink and drive. If you have facing charges, get help now.

I did not go to jail, does that mean I am not facing a DUI?

Driving under the influence charges in Fresno do not always result in you being booked in Fresno County Jail - see a lawyer immediately.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 17, 2015
Were you recently cited for DUI, but the Fresno police failed to arrest you? If so, you are not alone. Many people arrested for suspicion of drunk driving are not taken to the jail for many reasons. Find out if this is legal.

Avoid a DUI Conviction on Cinco de Mayo!

DUIs for Cinco de Mayo Fresno is very common because Fresno police target drunk drivers to arrest you when you do not have a lawyer.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 5, 2015
Fresno police will be patrolling heavily on Cinco De Mayo, so read these quick tips to avoid being arrested and accused of a DUI. See why police use this holiday as a major source of revenue and how you can stop them.

Top 10 Quick Tips After a Fresno DUI Arrest

Call a misdemeanor and felony lawyer to determine your next steps after a drunk driving arrest to save your license.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 19, 2015
If you are arrested for suspicion of drunk driving in Fresno, what do you do next? Follow these 10 simple tips and you will be ahead of the game before your court date, which can pay off big time when you see the judge for your DUI.

How Much Does a Fresno DUI Really Cost?

DUI, traffic, and criminal cases are expensive, but with an experienced criminal defender you can save some cash.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
July 23, 2015
If you are charged with a DUI in Fresno, it is important to know the fines and fees that you will be required to pay if you are arrested and convicted. By contacting a dedicated DUI lawyer, you may be able to save money. Find out!

You Might Also Like