Legal Question in Criminal Law in California
Changing language on criminal record
I was charged with 2nd degree burglury(misdem.) back in 2004. Im re-enlisting back into the military but I cant have a ''burglury'' charge on my record. Can a judge change the language on my record so it doesnt say ''burglury - 2nd degree?'' Maybe change it to ''conspiracy/ accessory to commit a misdemeanor?'' Please let me know. Thanks...
3 Answers from Attorneys
Re: Changing language on criminal record
No. You were convicted of burglary (your post says only that you were charged, but I infer from the context that you were convicted), not of some other offense, and that is what your records will reflect.
You may be elligible for expungement of your conviction, though I do not know offhand whether an expungement would make you eligible for military service.
Re: Changing language on criminal record
This might be possible although some unconventional strategies might need to be involved. If there is some legal grounds for invalidating the judgment against you, motions or writs could be filed and then the DA and the judge might be open to the idea of allowing you to plea to some different charge which would not trigger negative consequences with regards to your military service. The fact that you want to enlist will no doubt create intangible sympathy points for you. As a matter of fact, if we can represent to the judge and the DA that you want to go to Iraq or Afganistan, this might be fairly easy. I am not able to tell you more without knowing more facts but feel free to contact me for a free consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: Changing language on criminal record
NO. But, you can apply by Petition and Motion for 'expungement' which can result in retroactive dismissal of the conviction if successful. It stands a good chance to be granted, so long as no prison time was sentenced, and you have no further convictions. Feel free to contact me for legal help in doing this, if serious.
Related Questions & Answers
-
Testifying against spouse Can the law require one a testify against spouse? (In... Asked 3/19/08, 10:14 am in United States California Criminal Law
-
Assaulted outside a restaurant/pub My questions regards leaving an establishment... Asked 3/18/08, 10:05 am in United States California Criminal Law