Legal Question in Criminal Law in California
I apply for a job, but I didn't got hired. They said for a charge that I had 7 years ago. Which was a mistermidor. I thought that charge should had been remove from my record. Were can I go to find out why is that charge is still on my record? Or how can I get it remove? Plus that was 7 years ago on 2004.
2 Answers from Attorneys
You need to have it expunged, by filing a petition for dismissal under Penal Code section 1203.4. I suggest you start reading here: http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm
The general rule is: Records are forever. However, you can consider getting the conviction expunged; which would help in obtaining and keeping employment. A conviction can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced, whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on applications for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
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