Legal Question in Criminal Law in California

1203.4/1203.4a

I am about to apply for my Radiography Licences through the ARRT (American Registry of Radiologic Technologist) and they ask to disclose whether you have been convicted of a misdemeanor or felony and, ''charges or convictions resulting in any of the following must be also reported: Plea of guilty, plea of no contest, withheld or deffered adjudication, suspended or stay of sentence.'' ''If response is yes, provide official court documentation to confirm charges and sentencing, and the status of all court conditions, along with a detailed explanation of the events that occured.'' Here is my delema, In 1995 I pled no contest to, ''(487 a) grand theft misdemeanor.'' I served SWAP and probation and on 4/2/1998 I had the conviction set asside and a plea of not guilty entered and the complaint dismissed through the penal code section 1203.4/1203.4a. I went to the county clerks office today and my file was not in their computers but the clerk was going to look in the archives to see if she could find it. The clerk said that chances are that the file will not be found and a certified ''letter of destruction'' will be give to me instead. Do I report the misdemeanor or do I not have to because of the 1203.4/1203.4a?


Asked on 3/06/09, 1:49 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 1203.4/1203.4a

Since the ARRT is not a public entity, you are not required to report it; for purposes of California law the arrest, conviction, etc. never happened.

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Answered on 3/06/09, 2:01 am
Terry A. Nelson Nelson & Lawless

Re: 1203.4/1203.4a

If this is really just private, not 'government issued licensing', I believe you are not legally required to disclose, since they didn't say 'expungements' must be disclosed. If they had asked, and you withheld, then you would be lying and subject to 'resume fraud' type consequences once they learned.

However, you will face the issue when you seek any government issued license or certificate, where they will ask about any expungements. Then if you don't disclose, you are lying, guilty of perjury, and subject to immediate revocation of license and potential legal action upon them learning of it.

Any agency or employer can and WILL learn the truth through DOJ records check where your record is permanently on line for exactly such checks. That's where the agencies and employers will look.

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Answered on 3/06/09, 2:09 pm


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