Legal Question in Criminal Law in California

Expungement

Hello. I live in California and am in the process of applying to law school. I don't want to list a misdemeanor conviction that I got in college so I'm trying to have it expunged. The court sent me the paperwork but say they can't help me fill it out. Can someone help with this? I think I'm supposed to check the box to ''have the guilty verdict set aside'' but I'm not sure. I basically just don't want it to come up during a background check.

Thanks!


Asked on 11/11/03, 5:22 pm

3 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Expungement

See these pages for the California Bar's policy statements as to the "good moral character" requirement for newly admitted attorneys: http://www.calbar.org/admissions/doc/2adm-r1.htm AND http://www.calbar.org/admissions/doc/2adm-r2.htm.

Both the other attorneys who have replied to you are right. You will still have to disclose it, even if expunged, but it is still a good idea to go ahead and have it expunged, because the State Bar lists expungement as a favorable factor to be considered in deciding whether you are of good moral character.

The good news is that California is fairly liberal on allowing former misdemeanants to be admitted, except where the conduct involved breaches of fiduciary responsibility. In that case, you would be presumed unfit and a heavy burden would fall on you. Otherwise, your chances remain quite good of being admitted. So, a lot will depend on just what the misdemeanor was, which you did not say.

If you would like a little more guidance in this matter, e-mail me at [email protected] with more details re your conviction. Before you invest a small fortune in law school, you want to make sure your chances of admission are very high.

Although I now practice in North Georgia, I have been a member in good standing of the California Bar since 1979.

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Answered on 11/29/03, 1:59 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Expungement

yes, you are very prudent to try to take care of this legal issue as swiftly as possible. you should definitely consult with an attorney to help ensure the legal paperwork is filled out correctly and you ensure yourself the best possible chance of getting the record expunged in order not to "haunt" you in the future. if you would like a free phone consultation regarding this matter, email us today with your contact information. best of luck in law school as well!

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Answered on 11/11/03, 5:46 pm
Terry A. Nelson Nelson & Lawless

Re: Expungement

Hate to tell you this, but while expungement will help in other areas, such as employment applications, the State Bar requires applicant disclosure of expunged cases, on penalty of denial of membership WHEN [not if] they find you failed to disclose. The required FBI background check will see the expungement.

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Answered on 11/11/03, 5:58 pm


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