Legal Question in Criminal Law in California

Re: RE: job search:

Yes, it does affect your employability, however, you may be able to get it 'expunged', meaning your record cleared so that you can say 'no' to conviction on most employment applications. Feel free to contact me if serious about doing so.

Re: RE: job search:

Your question says only that you were arrested, not that you were convicted. If you were convicted then Mr. Nelson's and Mr. Lentz's answers are correct. If not, you have little to worry about. A mere arrest should not get in the way of going to law school or grad school, and would not be an issue in a job search except perhaps for some very sensitive jobs that require security clearances.

Re: RE: job search:

First off..were you "charged" with a crime..ever go to Court on it...(if yes to a charge and no to Court then there is a warrant for you???) Any Conviction??? Any Probation??? Not enough info to know your actual circs.

Re: RE: job search:

First things first. You need to gather more information or at least supply more information to an attorney.

Your question states you were arrested. It does not provide any further information. Assuming this was in California and that you were you charged with a crime, what were the results of being charged?

If you entered a plea of guilty or no contest then your best bet is to try to get your record expunged under 1203.4. However, if you were charged and never went to court you have other problems to deal with as well and need to get an attorney. Generally, criminal convictions can cause some problems with employment. Depending on the way the crime was charged and what the outcome was. It might have an effect on going to law school and/or on becoming a member of a State Bar. In California the moral character application is very extensive. In this situation even if it were expunged under 1203.4 I believe you would still be required to report it. However, the one thing that seems universal regarding the moral character checks are that if someone is completely honest and lets the State Bar know everything in advance they are very reasonable. However, do not try to hide anything because they will find it and if you hide it, then, they consider it a lie. If you lie you will not pass the moral character check. I would advise you to contact an attorney and find out about getting it expunged.

Re: RE: job search:

First thing you need to do is to "expunge" your conviction. This should be no problem if your informal probation has expired. If you are still on probation, the thing to do will be to ask the court (by motion) to terminate your probation early. The court should be sympathetic to your argument that you need to terminate and expunge because you are looking for work and applying to grad schools.

The "expungement" should do the trick as far as search for work is concerned. It will allow you to say "no" to any questions from employers whether you have been convicted of a crime. Grad school, especially law school, is a bit more complicated. You will most certainly need to disclose your conviction on any applications but that will not necessarily disqualify you. You will have some explaining to do but chances are, given your age, the circumstances and the minor nature of the offense, you should be fine at the end.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com