Originally Posted by
jcrews
This applies to a California expungement. I recently contacted my lawyer and asked for clarification on reporting requirements for an expunged misdemeanor. She sent me a document with the following information:
"Granting of this petition does NOT relieve you of the responsibility to disclose the conviction in response to any direct question as part of any questionnaire or application for public office, [U]licensure by any state or local agency[U], or for contracting with the California state lottery.
Granting of this petition does NOT seal your record. The case, including the conviction, will remain public record."
As I said, this is for expungements in the state of California under penal code 1203.4. The conviction is changed to dismissed, but this merely changes reporting requirements for private sector jobs.
I am by no means a lawyer, but this is the information that I received from one. Furthermore, she is not an aviation lawyer, but, regarding reporting requirements, I would expect a more lenient response from a lawyer not involved in aviation as opposed to one who was familiar with the thorough background investigations involved in aviation.
Sorry, long post.
Keep in mind that CA law does not apply if you interview with an airline in another state. In that case only federal law (which allows/requires the airline to view your NCIC data) and state law where you interview apply.
Once the information leaves CA and enters the FBI database, CA law no longer applies at all (federal law trumps state law in all cases where conflict exists).
You might have some wiggle room if you applied at for example SKW, interviewed in UT but were assigned FAT as your first domicile. You could make a case that your employer has offices in CA and that you were hired to work in CA.