Legal Question in Criminal Law in California
I was convicted of a felony in 1999-2000 I think it's called embezzeling I was ordered to do 120 days and pay restitution and court fees $2600 and was on probation for 3 or 5 years. My question is can this prevent me from getting a job when they do a background check? Is there any way that I can get rid of this offense I live a good life and I can't find a job so I don't know if it's because of what I did so many years ago. Please help me
thank you
Sandra
3 Answers from Attorneys
If you did not actually do state prison time, retain a lawyer in your area to have the conviction reduced to a misdemeanor and expunged. Good luck!
You would need the specific offense that you were convicted of identified. Some felonies can be reduced, if you were sentenced on what is know as a "wobbler." You may then get expungement, and then not have to divulge a "conviction" to a civilian employer. There are different rules for what you have to divulge for state licensed employment.
Can it prevent employment? Of course. Few employers will hire felons. And, your record is 'forever'. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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 [a great benefit to you]. 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. The agency and employer then can decide whether you are barred from employment because of your conviction. 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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