Legal Question in Civil Rights Law in California

Background cleared

Four years ago my son, then 18, was cited for unlawful discharge of a weapon. He and a friend were cleaning his dad's pistol (with his permission) and fired it into the dirt on their property (five acres in Riverside County on the outskirts of Hemet, CA.) to test it. They went inside to have some lunch and an hour later the police blasted into the house guns first and arrested them. They were charged with ''unlawful shoot/discharge firearm without owner consent-300 yds'' and fined $270 each plus probation. The gun was confiscated. They both went to court to appeal and the fine was canceled and their record erased if they went to gun safety school. They both did. We thought it was a done deal... but now my son is a college graduate and can't get a job because the case was filed as a misdemeanor and shows up as a criminal record! His friend's case was filed as an infraction. I'm on my way down to the Hemet Court right now to ask them to correct their clerical error. My question is this: Once the error is corrected, how long will it take before this does not show up on his background report anymore?


Asked on 8/08/06, 1:26 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Background cleared

It is unlikely that they will 'correct' the record without him filing an appropriate motion for expungement, etc. Feel free to contact me when you need legal help doing so.

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Answered on 8/11/06, 3:13 pm


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