Legal Question in Criminal Law in California

california wobbler

How does a wobbler (probation was granted) effect my wanting to be a police officer or hold a public office, lawyer for example, if both 17b and 1203.4 are accomplished? The question remaining is the Calif. Gov. Code sec. 1029 says 17b has no effect after 2004 as it pertains to a person wanting to be a police officer. But the section does not address 1203.4. If 1203.4 is accomplished does 1029 of the Calif. Gov. Code still apply to me. Then how does 12021 come into play with regards to getting my gun rights restored? Will 12021 apply to me if 17b and 1203.4 has been accomplished? The main issue though seems to Calif. Gov. Code sec. 1029. It does not seem to address 1203.4, only 17b. Is 1203.4 my loop hole, if accomplished does it void Gov. Code sec. 1029 as it pertains to my becoming a police officer or lawyer?

I graduate in May with a Criminal Justice Degree. My first choice is to be a peace officer, Ventura County Sheriff. But I am also considering becoming a lawyer, which entails holding a public office. It seems that the codes, both penal and state have different effects on either career choice. I understand all requirements to be fulfilled in order to proceed with clearing my record.


Asked on 8/26/08, 4:10 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: california wobbler

Bottom line - no matter what you intend to do, you need to do both, reduce and expunge.

Your conviction will come up, and you will have the duty to disclose it in certain contexts, regardless of expungement under 1203.4. You will have some explaining to do. Certainly, you will need to disclose it on any application for peace officer - no buts or ifs. For one, it will come up anyway so you might as well come across as honest and having nothing to hide. Being perceived as a lier might hurt you more than anything.

Being a lawyer is not the same as holding a public office but be prepared for having to disclose you conviction on any law school application, depending upon how the question is phrased.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/27/08, 12:50 am
Terry A. Nelson Nelson & Lawless

Re: california wobbler

You never 'clear' your record. You may get it expunged, but you will always have to disclose and explain it on any such applications as you mention. It's up to the agency[s] to determine if you are disqualified from what you want. You're a little late in thinking about this, after going through school. I can advise you that LAPD will not likely even consider you with a record, but some small PD's might. The State Bar will be tough, for obvious and good reasons; you should talk to them before investing any time or money on law school.

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Answered on 8/27/08, 1:15 pm


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