Legal Question in Criminal Law in California
I was arrested for a crime that involved moral turpitude, the case was dismisses and all charges went away. i am unable to re obtain my ambulance drivers certification due to this arrest. If my case was dismissed via penal code 1385 does moral turpitude still apply in my case or should it go away for state licensing purposes?
3 Answers from Attorneys
In that particular situation then you have never been convicted of a crime of moral turpitude.
While you have not been convicted of a crime of moral turpitude, you may have committed an act of moral turpitude and that may be enough for them to try to take away your license. Due process requires that there be a procedure by which you can challenge the denial of the license. You need to talk to an attorney who is experienced in administrative law.
You should have learned at the time that expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. That record is accessible in background checks. Expungement will help in obtaining employment. When applying for a job in the PRIVATE sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc], for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.
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