Legal Question in Criminal Law in California
My girlfriend was arrested for domestic violence but the charges were dropped and the case dismissed. She just took the CA bar exam and is worried that this will haunt her. Can the arrest be changed to a 'detention'?
Also, I've heard of these programs that say they can clear one's record of minor incidents. Programs like Arrest Free. Are these programs legit and can her record be cleared?
3 Answers from Attorneys
It probably won't affect her bar admission, but it will affect other aspects of her life for years to come. She needs to have an attorney file for a declaration of factual innocence if she hasn't blown the legal time limit for doing so. I never heard of the program you mentioned. Consult an experienced criminal law attorney.
Like Mr. Stone stated, it probably won't affect her admission to the bar. As long as it was properly disclosed to the admissions committee. It has been a while, but I recall that anyone seeking admission to the bar must disclose any criminal "charges," not just convictions. She may want to double check what she has to disclose. If this occurred after she sent in her application, she should probably supplement her application.
She is obligated to fully disclose all arrests and convictions to the State Bar on her application to practice, and thereafter to self report any convictions for as long as she holds a bar card. I won't predict whether this will deny her admission, but it shouldn't since there was no actual conviction.
Records are forever, and there is no 'clearing' or 'erasing' it. Many convictions can be expunged, and arrests without conviction may sometimes be helped by getting the Declaration of Factual Innocence referred to, if she qualifies for it, and sometimes those cases can be sealed.
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