Volunteering and working with kids and vulnerable populations can be incredibly rewarding. It allows individuals to give back to their community, build meaningful relationships, and make a positive impact. Volunteers often help in schools, sports teams, and non-profit organizations, providing essential support and mentorship.
While many want to give back, California requires background checks for volunteers and contractors helping at educational institutions and schools, youth sports organizations, non-profits serving the young and vulnerable, health care facilities, childcare centers and religious organizations.
What expungement involves
Generally speaking, administrators, employees, and volunteers must have a one-time background check approved by the California Department of Justice. This process includes live scan fingerprinting, which helps to identify individuals with a history of child abuse or other criminal activities. The list includes:
- Crimes against children
- Sexual offenses
- Violent crimes
- Drug offenses
Volunteers or contractors who do not pass the background check will likely not take on their desired role.
Expunging a criminal record in California
Individuals can have their records expunged through a legal process. California allows certain individuals who have completed their probation or sentence to petition the court to have their criminal record cleared. This process is available for those convicted of:
- Assault with a weapon: This is possible if it was a misdemeanor or if the individual successfully completed probation for a felony conviction.
- Assault resulting in bodily harm: Similar to assault with a weapon, it needs to be a misdemeanor, or the individual completes probation for a felony.
- Drug-related offenses: Many drug-related offenses, such as possession or selling controlled substances (excluding sales to minors), can be expunged if the individual completes probation or a diversion program.
Expungement removes these convictions.
The expungement process
Individuals must file a petition with the court to expunge a criminal record in California. This process typically involves:
- Completing probation: Fulfill all the terms of probation or sentence.
- Filing a petition: Submit the necessary paperwork to the court.
- Court review: The court will review the petition and may hold a hearing.
- Court decision: If approved, the court will allow the individual to withdraw their plea of guilty or no contest and dismiss the charges.
An experienced criminal defense attorney can provide valuable guidance throughout the expungement process, helping to gather necessary documentation, file the petition, and represent the individual in court. This can increase the chances of a successful expungement, allowing individuals to move forward with their lives.