Legal Question in Criminal Law in California
Back in 1996, I was arrested in a Prostitution sting. On the advice of my attorney (now deceased), I pleaded nolo contendre. The court Misdemeanor Disposition Order is checked "PRONOUNCEMENT OF JUDGEMENT IS ORDERED WITHHELD AND CONDITIONAL AND REVOCABLE RELEASE IS GRANTED FOR A PERIOD OF 1 YEAR(S) ON THE FOLLOWING TERMS AND CONDITIONS:"
I followed all terms and conditions, and I have never been arrested for any other offense.
My questions are as follows:
Can I answer that I have never been convicted of a misdemeanor on an employment application, or is there something else that I need to do first?
I know it is strange that I am just following up on this after so many years, but it has never been an issue before.
2 Answers from Attorneys
Your conviction will last indefinitely unless you take steps to do something about it.
You appear to be eligible for a dismissal under Penal Code section 1203.4. It's commonly called an "expungement" but it doesn't truly expunge anything. It will still exist on your record (that is, if it even shows now), but adds a notation that it was subsequently dismissed. That will allow you to tell most private employers that you have not been convicted.
I'd suggest you run your own background first to see what (if anything) shows up. You can go through the Department of Justice (DOJ) and get a copy of your background. Your attorney will need that information anyway (unless you already have the case number) to proceed on your dismissal.
You'll have to check your file at that court to confirm that the charge was actually dismissed, or instead the court simply did not order jail and fines. If it shows as a conviction, then you can Petition to get it expunged. If that is successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. 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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