Legal Question in Criminal Law in California
Criminal Records
In 1995 I pleaded to a count of misdemeanor trespassing. I can't find my files and when I contact the court, they tell me that if I have a case number they could find out if it has been destroyed. They could not find any record of my conviction. What are the chances that my record has been destroyed? And if it has, what does that mean for applying for a gaming license
for instance?
4 Answers from Attorneys
Re: Criminal Records
Your court file might have been destroyed, but it was probably microfilmed or digitally imaged first. Regardless of what happened to the physical file, it is very unlikely that the conviction itself was never recorded.
How a conviction would affect a state agency's licensing decisions is something you should ask the agency directly. The criminal law generally does not tell agencies how to deal with people who have been convicted of crimes.
Re: Criminal Records
The record of your conviction never goes away. You need to hire an attorney. I will be happy to get your case number for a fee. Furthermore if your application for the gaming license is rejected, I can help.
Good Luck
Re: Criminal Records
Chances? None.
The court's hard copy may be missing, it happens, but the database and records are still there as entered into the federal and state systems at the time.
You might consider getting the conviction expunged so you can say 'no' to conviction on applications for private employment, but you'll still be required to fully disclose it on any government applications for employment, licensing and other issues. Fail to do so and you're guilty of perjury, and would be disqualified from the position sought.
Feel free to contact me if you want to seek expungement.
Re: Criminal Records
The records have not been destroyed they are just probably being stored electronically. You should have the conviction expunged as others have suggested.
Feel Free to contact me if you would like to pursue this matter.
Good Luck!
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