Legal Question in Criminal Law in California

bringing up dismissed charges

February 2004 I discharged My CDC 'n' number, (CRC) The purpose of taking an 'n' number is to have your record expunged after successful discharge. In August of 2005, I am being faced with a false charge of (Shoplifting), My Public defender said because of my past shoplifting charge, I would be facing prison if convicted of this new charge. She also stated that If I served even one day in custody for a prior shoplifting, it could be used against me in any future charges as a prior conviction. My controlling case that sent me to CRC was Forgery. Can this prior shoplifting conviction be used against me even though it was dismissed in Court.


Asked on 10/28/05, 7:26 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: bringing up dismissed charges

Duh. The expungement law specifically says the dismissed charge will be counted as a prior in any new case. You were given a second chance with expungement, on the condition you not screw it up with further criminal conduct.

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Answered on 10/28/05, 1:34 pm


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