Legal Question in Criminal Law in California
court reporting licensing
13 years ago I had a felony conviction. I had it legally dismissed from my record. I want to obtain my court reporting license and want to know if I can be denied taking the exam because of the prior felony(burglary).The requirements in CA state that cases are reviewed individually and that even an expunged felony has to be disclosed when applying to take the exam...Any advice or information? Thank you.
2 Answers from Attorneys
Re: court reporting licensing
You are correct. For state licensing purposes, all criminal convictions, even if expunged, must be disclosed.
If your conviction is indeed old and you have had clean record since, chances are you will be OK even though you will have quite a bit of explaining to do. I would do a little bit of research regarding specifically how your board is likely to react to your old convictions. It might be a good idea to retain a lawyer to guide you through the licensing process.
In the worst case scenario, if your conviction bars you from getting your license, you should consult a criminal defense lawyer who specializes in vacating/setting aside old criminal convictions. I am not talking about a complete retroactive dismissal, not expungement. It can be done and often it is easier than people think.
Let me know if you need additional consultation,
Very best,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: court reporting licensing
All expungments and dismissals must be disclosed, as you've found, that's the law when seeking state certificates and licensing. It's up to the policies and discretion of the licensing board, and also the hiring employer/agency whether they will consider you for licensing and employment with that conviction. It's up to you to present a strong case for your rehabilitation and good character to offset the conviction.
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