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Chevy Truck · Oct 21, 2009, 12:31 AM

I have a former felony in the state of CA that I have had expunged. I am looking to become a truck driver, but I'm not sure if prospective employers can see it on a background check and/or the insurance company see it as well. I also have to get a hazardous materials endorsement and that goes through the TSA and wonder about that as well. ANY help greatly appreciated!

Thanks in advance

excon · Oct 21, 2009, 06:01 AM

Hello Truck:

Assuming your expungement went through the private companies you mentioned won't be able to see it... Buuuuuuut, the GOVERNMENT agency you mentioned, will.

excon

Chevy Truck · Oct 21, 2009, 08:24 AM

So, will they be able to NOT see it at all, or just see it as "case dismissed"? Not too worried about the TSA after further research shows me that if it's over 7 yrs it should not be a problem, and my conviction is almost 19 years ago.

excon · Oct 21, 2009, 08:27 AM

Hello again, Truck:

In law, word usage is extremely important... I choose my words very carefully so as to convey the exact meaning I intend to convey.

When I said they can't see it, they can't see ANYTHING.

excon

Chevy Truck · Oct 21, 2009, 08:50 AM

excon, thank you so much for your quick replies.. please don't think I was trying to offend you or anything, I was just trying to make sure.
I haven't looked for a job since it's been expunged, so I am curious as to the whole process. I know the attorney that handled it said I can now legally say "no" when the application asks if prior convictions...
One more question if you would be so kind... I would assume if I can say no to convictions, I can say the same for arrests, right?

twinkiedooter · Oct 22, 2009, 08:23 AM

Originally Posted by Chevy Truck

excon, thank you so much for your quick replies..please don't think I was trying to offend you or anything, I was just trying to make sure.
I haven't looked for a job since it's been expunged, so I am curious as to the whole process. I know the attorney that handled it said I can now legally say "no" when the application asks if prior convictions....
One more question if you would be so kind....I would assume if I can say no to convictions, I can say the same for arrests, right?

Expunged means it didn't happen.

excon · Oct 22, 2009, 08:44 AM

Originally Posted by Chevy Truck

I know the attorney that handled it said I can now legally say "no" when the application asks if prior convictions....
One more question if you would be so kind....I would assume if I can say no to convictions, I can say the same for arrests, right?

Hello again, Truck:

Your attorney is wrong... An expungement only HIDES the records. It does NOT remove them. A convicted felon is STILL a convicted felon even if his record is hidden from public view. The GOVERNMENT still considers him a felon. If he's convicted of another crime, his record WILL be used as a reason to enhance his sentence. And, as I said above, the government can still SEE his convictions and will deny him services, employment and/or licenses based on them...

So, you may NOT say NO, when asked if you've been convicted because you clearly have...

A pardon, on the other hand, REMOVES the conviction as though it NEVER happened. In THAT case, you could honestly and legally say that you have NOT been convicted...

In answer to your question, I've never filled out an application that asks about arrests... If you find one, and only having had your record expunged, leave it blank.

excon