Legal Question in Criminal Law in California
I was charged in CA a few years back with burglary and grand theft but the burglary charge was dropped and the grand theft was reduced to a midemeanor. Probation was terminated early and all charges expunged/dismissed. I am now in a civil lidigation as a plaintiff and I was wondering if the defense can use this against me?
2 Answers from Attorneys
No, but it is a little known rule and your opponent will most likely try to.
"For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been convicted of a felony unless:
(c) The accusatory pleading against the witness has been dismissed under the provisions of Penal Code Section 1203.4, but this exception does not apply to any criminal trial where the witness is being prosecuted for a subsequent offense."
You should consult the attorney who is handling your case about this. They will sling lots of mud, don't let it get to you.
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