Legal Question in Criminal Law in California
Court order/judgement invalid, need court to rectify
I successfully completed Calif.'s Prop. 36 offer of: ''Complete a certified drug treatment program and the court will dismiss all charges and arrests with your misdeameanor under the influence drug case 'as if it never occured'. The defendant will benefit from this expungement when seeking employment. This case cannot be used to deny employment''. (This is documented from the actual Prop. 36 minutes, which I have.)
I have been denied 3 truck driving jobs due specifically to my Prop. 36 ''dismissal''. My public record of this case states: ''defendant completed treatment, case was dismissed''.
The S.D. County Pub. Defender Larry Byerstorf admits this is a ''glitch'' with the newly implemented Prop. 36.
He agrees that it defeats the purpose of ''seeking employment as if arrest never happened'' and ''may answer 'no arrests' on job application'' if an employer has access to any knowledge of my case.
Even though the the Prop. 36 Pub. Defs. admit I have a case and sympathize with me, they have been no help in the 3 mos. I've talked with them.
I think I can present my case well to my Judge (Richard
E. Mills), but I don't know what/how Motion/Writ to file.
Can you descrbe the form I'll need to file? Thank You
2 Answers from Attorneys
Re: Court order/judgement invalid, need court to rectify
The only thing the judge could do to help you is seal the record so no one can see it. You already have the same status as expungement, showing a dismissal. If interested in trying to seal the records, contact me to discuss.
Re: Court order/judgement invalid, need court to rectify
An expungement should leave the defendant as if the charges were never filed. Perhaps sealing of your record may be accomplished, or seek a certificate of rehabilitation and obtain executive clemancy. Call me directly at (619) 222-3504.
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