Legal Question in Criminal Law in California

Hello i would like to take a class to become a notary public. I'm concerned because i have a something on my record ( obstruction of justice, and battery on a peace officer) that could disqualify me. I took a deal and was giving 16 hours anger management and was told if i stayed out of trouble for 6 months all charges would be dismissed. I completed the above and am wondering if this would still affect my chances? Would i still be able to become a Notary?


Asked on 2/11/10, 10:31 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

It's up to your to determine if you have a conviction on your record. Go the the court and research it. If you do, many convictions can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. [your Notary application]. The agency and employer then can decide whether you are barred from employment because of your conviction. The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. Private parties are not supposed to be able to access the records, but like all rules, there are ways around it. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 2/17/10, 2:57 pm


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