Legal Question in Criminal Law in California

Backround Check

in 2000 I was charged with welfare overpayment (Fraud) from 1994, How long does this felony stay in my backround check? I was told it was only 7 years is this true.


Asked on 7/31/08, 8:56 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Backround Check

Records are forever. There are consequences to every action; this is one of them.

Now, if this was a California conviction, and if no prison time was ordered, it may be possible to have it expunged, meaning changing it to show the court retroactively set aside the conviction and entered a dismissal of charges. If that is done, you would then be able to say ''no' to conviction on most employment applications. If serious about getting that done, feel free to contact me.

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Answered on 8/01/08, 1:00 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Backround Check

The conviction would always stay as part of your criminal record. It just does not disappear. However, in California, there is something called an expungement where you can petition the court for a dismissal under Penal Code Section 1203.4. This would give you certain rights, such as right not to disclose your conviction - and say you were not convicted - if, for example, asked by an employer on a job application. You would be well advised to do this as soon as possible.

You can contact the clerk at the court where you were convicted for appropriate forms and do it yourself. Most lawyers would do it for you for a modest fee.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/31/08, 10:21 pm
Jim Herbe Black & Lobello

Re: Backround Check

Thank you for your inquiry.

If your conviction took place in the State of Nevada you would have the ability to seal your record after 7 years from date of conviction.

My office is able to handle such matters and can typically process such sealing of records for out of state clients as well.

Contact my office for a free phone consultation to discuss your matter further.

Regards,

Jim Herbe, Esq.

702.966.5686

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Answered on 8/11/08, 10:58 am


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