Bearden v. City of Boulder City

OPINION

By the Court,

Batjer, J.:

In 1949 the appellant plead guilty, in the state of California, to two counts of embezzlement. On January 4, 1955, having fulfilled the terms of his probation, he changed his plea to not guilty, pursuant to the provisions of California Penal Code § 1203.4 and his conviction was expunged from the record. In April, 1965, he was appointed to the position of chief accountant for the City of Boulder City. As a result of that employment his fingerprints were submitted to the Federal Bureau of Investigation.

At about noon on July 23, 1965, the respondents, Smith and *108Garn…