Is it possible to keep employers form seeing my felony?

For employment reasons , is it possible to keep employers from seeing my felony? Also is it possible to get the right to bear arms after a weapon's charge?

Share |

Answered By: Law Office of Eric Sterkenburg

A person who served a sentence in the state prison system must apply to the Superior Court for a Certificate of Rehabilitation. The requirements for this are you must live in California for at least 7 years after you completed parole. If you receive a CR, certain but not all of your rights are restored you can lawfully state that you have not been convicted of the crime when asked on a job application from a private employer. However, if applying for public office, seeking any license from the state, your conviction must be disclosed. As far as Gun ownership; certain offenses that prevent a person from lawful gun ownership for a specified period of time are not restore.

Answer Applies to: California
Replied: 10/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Matthew Murillo

No, the only way to keep an employer from seeing a felony is essentially by trying to lie about it. The only possibility you have is reducing and dismissing it pursuant to penal code 1203.4, but depends and the felony, and that does not remove it from your record anyway. It simply adds a "dismissed" notation.

Answer Applies to: California
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh

You'd have the expunge the conviction. It may involve a two step process, where the felony is first reduced to a misdemeanor via a 17b motion. Then a petition can be made to expunge the misdemeanor. Contact an attorney about eligibility.

Answer Applies to: California
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Phil Hache

If you get the felony expunged (or reduced to a misdemeanor then expunged), the conviction of the charge will be replaced with a dismissal of the charge. There is a lot more to it, and there may be some limitations to determine whether or not your felony can be reduced to a misdemeanor and/or expunged.

Answer Applies to: California
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Daniel K Martin

Once you have completed probation and the crime is not a 'straight felony' then you can have the crime reduced to a misdemeanor pursuant to P.C. 17(b) and then dismissed pursuant to Penal Code 1203.4. Once you have the charge reduced to a misdemeanor and dismissed you should be able to possess a firearm.

Answer Applies to: California
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Harry E. Hudson, Jr.

No to the first and yes to the second if you can get a pardon.

Answer Applies to: California
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Martina Vigil

If your felony is eligible, you can hire an attorney to file a 17(b) motion and then a subsequent 1203.4 motion. Employers will still see the criminal charge but it is not a conviction. Employers cannot deny employment based merely on a criminal charge.

Answer Applies to: California
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.