Legal Question in Constitutional Law in California

Double Jeopardy

I have always been forthcoming with my criminal record consisting of 6 or 7 misdemeanors. The Department of Justice has approved my fingerprints to work with children for the last ten years on approx. 10-12 different occassions. Due to Department changes that took effect this past January, the Department will not approve my fingerprints due to their inability to aquire disposition of sentence. All records have been purged and dispositions are unavailable. This places my job in jeopardy for a school district. I was prosecuted once on these cases and completed the consequences of my actions. I now feel that the Department of Justice is in direct violation of Article V of the U.S. Constitution placing me as subject for the same offense twice. Do I have a legal leg to stand on??? Please help, I'm at wits end as all I'm trying to do is teach emotionally disturbed youth in middle school. Thank You for any advice. I would add that the offenses took place over fifteen years ago with no new violations.


Asked on 9/09/03, 9:35 pm

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Double Jeopardy

Double jeopardy restrictions relate only to being tried for same criminal charges. Not civil matters. Call to discuss. 800-685-6950

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Answered on 9/10/03, 2:35 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Double Jeopardy

Double Jeopardy only occurs when a defendant is made to face punishment by the same criminal justice system for an offense for which he has already been tried. Other consequences like difficulties in getting or keeping a job don't qualify, because they are the consequences of a prior conviction and are not a new trial or conviction in their own right.

I sympathize with your plight, but the government is entitled to adopt new standards and it is entitled to purge old records. You could have retained copies of the dispositions of your cases, but evidently you did not.

Have you tried contacting your trial attorneys to see if they still have copies of your records? You may yet be able to find them, but if you can't I'm afraid the Double Jeopardy argument won't get you anywhere.

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Answered on 9/09/03, 10:06 pm


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