Legal Question in Criminal Law in California
i want to become a doctor, but i have a few felonies on my juvinile record (burglary/vandalism) and i dont know if my record is sealed... and one felony on my adult record (use of ficticious instrument) that im working to get dropped to a misdameanor, aswell as a midameanor possesion of marijuana,... so ... can i clean up my record if i pay all my fines and will my record prevent me from going on to become a doctor
2 Answers from Attorneys
It should not prevent you from becoming a doctor, provided you can show that you are not a law breaker or that you will be a risk to the public. I had a few problems before I became an attorney and you just have a bit more "splaining " to do.
California's juvenile records are not automatically sealed, although they are in some other states. If you want your juvenile records sealed, you have to file a petition to seal at the court where your juvenile "conviction" occurred. If the court grants your petition, the records are sealed. They will remain sealed until you are 38, at which point they are destroyed. If you do not file a petition to seal, the records will remain for the rest of your life.
With respect to adult records, if the felony was a "wobbler" (meaning it could have been charged as either a felony or a misdemeanor) then you can file a motion to have the charge reduced to a misdemeanor. If successful, you can then file a petition to expunge. If the felony was not a wobbler, your only remedy is to seek a pardon from the Governor.
Keep in mind that even though you may be able to get some items expunged, you must still disclose it to any public agency that you seek licensing from. In addition, convictions that are considered to be moral turpitude are usually disqualifying. A marijuana offense would not count, but theft and using forged documents would.
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