Legal Question in Criminal Law in California

I check credit report today and I can see, I have a criminal record which said 487(A)PC. so it means a felony right? it was happened in 3 years a go, I was stupid. I took money from my company (3K) to give to someone I owed without permission, because I thought to myself that I will put the money back in a few hours as my friend would loan his money to me. It ended up that he didn't have it so what I did was going to my company and told them, hey, I had taken your money, I was so sorry, and I told them I will pay back shortly, and I ended up turn myself to police station in Santa Monica without letting them to find and pick me up. The DA arrested me at the station and I got 1 day in jail, and by tomorrow morning I was sent to court. The court and my attorney was good, they feel me because they knew that I knew how wrong I did that was why I turn myself in. They have provided me 1 paper to let me employer to sign, if my employer agreed to sign the case is dropped, and I can go home without worry. Finally, I did go to my employer paid them all the money and beg them to sign the form, and after I get the signature form and returned back to the court, I was released and without charging any penalty or even a probation. I was so happy...

But I want to know when I check credit report and it shows up like this {487(A)PC} it means it still affects my creditability or no?

I've been in Ca for 5 years now with my Green Card, I want to apply for the citizenship will I be able to become American or not? Please help.


Asked on 7/24/09, 8:11 am

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Your conviction under Calif. Penal Code section 487(a) was for "grand theft" because the amount was more than $400. However, grand theft of something that?s not a firearm is punishable by imprisonment in a county jail not exceeding one year or in the state prison. This was only a misdemeanor, not a felony, especially since you got no jail time and no probation. You can still apply for citizenship if this is the only criminal problem you have, but you'd have to wait till five years have passed after the conviction date because you have to be a person of good moral character for the 5 years prior to applying. Having the conviction within the 5-year period will not make you a good moral character person.

As for your credit, I'm not an expert on that, and I don't know if they could include that conviction in there, but I suppose because it has to do with a financial transition. If you want, you could probably write the credit bureaus to include a note in your credit report file explaining the situation. Sometimes people write such a note to clarify, due to extenuating circumstances, a collection that shows up in their credit report.

Larry Liem Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

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Answered on 7/24/09, 9:26 pm


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