Adams

—Gary Adams (plaintiff) appeals from the judgment of the superior court denying his request for declaratory relief concerning his removal from the position of deputy sheriff. A deputy sheriff is a peace officer. (Pen. Code, § 830.1.) Anyone convicted of a felony in this or any other state is barred from employment as a peace officer (Gov. Code, § 1029; hereafter § 1029). After serving seven years as a deputy sheriff, plaintiff’s employment status was reevaluated in light of a felony conviction he had suffered in the state of Kansas in 1959, and he was reassigned to a nonpeace officer position in the sheriff’s department. On appeal plaintiff’s principal contentions are that (1) section 1029 is not a bar to his employment as a peace officer because the Kansas conviction has been expunged and set aside and in any event would not have been a felony in California, and (2) defendants are estopped to deny him employment as a peace officer because of their representations that expungement of the conviction would remove any bar to such employment. We shall affirm.

Plaintiff filed this declaratory relief action against the County of Sacramento (County), the Sacramento County…