Legal Question in Constitutional Law in Arizona

What are the rights of class 6 undesignated felony

I was convicted of a class 6 undesignated felony in 1999. My jail sentence was deleted, and upon successful completion of all terms of probation the felony was to be reduced to a misdemeanor. However, due to a recent background check conducted by a prospective employer, it was noted on my national criminal file of ''Felony including misdemeanor''. The clerk of court I contacted informed me I would always have to report that. This is contrary what the prosecutor, judge, public defender and probation office told me. I have been denied employment in one instance I am aware of, and am suspicious of others. Also, the company I desired employment with and was denied due to my past, was recently on the news with a woman in California, a convicted felon, who served 8 years in jail, and to my surprise I proud employee of the enterprise I desire employment with (why the double standard). I don�t understand how I have jury duty in June, can vote for our future, can pay taxes, serve my country, but can�t get a job. I am a student, and have worked very hard to overcome, paid my dues to society, and feel discriminated against when I am fully qualified, pass drug screens then am denied positions due to a misdemeanor. What are my rights??


Asked on 4/05/04, 2:04 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: What are the rights of class 6 undesignated felony

If you made a plea bargain and it has not been honored, you can force the government to honor it. However, if you were convicted after a trial and simply were misinformed about the consequences, there is probably nothing you can do.

You imply that the prospective employer turned you away because of your conviction, but that may not be the actual reason. Did you claim on your application that you had never been convicted? A false claim on the application is a valid reason to turn you down. If this is what happened and if the woman you mention was forthright with the company about her past, then there has been no double standard.

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Answered on 4/05/04, 2:18 pm


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