Legal Question in Criminal Law in California

Re: CA Cert of Clearance with burglary?

If it indeed was a first degree burglary then it cannot be reduced to a misdemeanor. This serious felony conviction is going to be a problem. The question is whether it would bar you from getting a credential automatically or you would get an opportunity to argue your case in front of the Teaching Credentials board. If the latter, you might have a viable case given the conviction took place an awful long time ago and you stayed crime free since (I assume).

Second, your conviction could possibly be set aside or vacated. (This is different from a simple expungement which would not make any difference in your situation). You would need to consult with a lawyer on this issue. While it might not be the easiest thing in the world to do, there is potentially a variety of grounds/reasons for voiding an old judgment.

Regards,

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

Re: CA Cert of Clearance with burglary?

'Certificate of Rehabilitation' or Governor's Pardon would not likely be available without extraordinary circumstances, time and money. 'Expungement' of that conviction may be available to you, as long as no prison time was sentenced or served; the charge, while serious, is not one of the listed exceptions from expungement. Expungement means it still would still have to be fully disclosed on your application for certification, but with no further convictions and a clean life since, you might be able to convince them to grant your certificate. If you're serious about getting this done, feel free to contact me.

Re: CA Cert of Clearance with burglary?

I can't answer for the California Teacher Licensing Board's standards, but first degree burglary is a strike offense now: very serious, so my guess would be it's going to be a problem.

And something you said makes me question whether it was a First Degree Burg. I know you pleaded to that, but WAS it one?

The key is your use of the word "unoccupied". Do you mean that at the time no one was living there? As in when a family moves out, but the house has not sold yet and so remains empty? If so, it may never have properly been a first degree burg. A second degree burg is not a strike offense and can even be a misdemeanor. If by "unoccupied" you meant only that no one was home at the time, then it is still a first degree burg.

And NO, it is not too late to do anything about it if you pleaded to a first degree burg and it never was, under the law. Wrongfully entered convictions can be "undone" (vacated) at any time, even long after the judgment is final and was never appealed. There is the chance then, that your conviction could be changed to a misdemeanor or even vacated. I am assuming here, that you have been totally clean since this conviction.

Please post again, or email me directly to flesh this out (with no charge for the consultation). My contact info is on my website:

http://lawyer-expungement.com