When Expungement Does not Work


We all make mistakes. However, life continues. But it is very hard to start a new life when you have a prior arrest or conviction in your record. There are few employers who will hire a person who has been convicted of a crime.

Expungement is an investment for your future if you have committed a crime in the past by mistake. It will reimburse you its price for your whole life.

Nonetheless, there are some situations when the effects of expungement are not applicable and your prior conviction will be taken into consideration even if they have been destroyed.

It is useful to know such situations and try to avoid them.

Thus, the sealing of a conviction is still taken into consideration:

  • If you commit a new crime, the expunged conviction can be taken into consideration in order to increase the penalty
  • Even prior “strike” rests in your sealed criminal record
  • Conviction cannot be deleted or vanished, it can be only dismissed
  • When your driver’s license is suspended or revoked, expungement does not influence on it as well as it does not affect the DMV records
  • It is stated that in some cases the applicant should mention that he/she has prior arrests or convictions while the job application refers to a law enforcement agency, but you can add “Dismissed per. Penal Code section 1203.4.”
  • It is not always possible to restore all rights which have been limited in a result of a prior conviction, i.e., firearm rights, student loan eligibility rights.
  • Even if the conviction is sealed, you will be obliged to be registered as a sex offender in case of commitment of sexual crimes
  • Not all licensing agencies take into consideration expungements.


The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We are a client-centered professional expungement law firm, not a mass-market expungement mill. When our law firm accepts your California criminal case, you can put your mind at ease. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.

You may file your request online, by telephone or by mail. 818-553-1000

Copyright © 2014 The Margarian Law Firm. All Rights Reserved.