Legal Question in Criminal Law in California

When i was a juvenile (Age 16), i was convicted and found guilty of two felony's (Vehicle Code 10851 (A) - Auto Theft and Penal Code 182 (A) (1) - Conspiracy to Commit a Crime) can i still become a peace officer or probation officer in California ?

Which is better Expungement VS. Sealing a Criminal Record (Juvenile Record) in California ?


Asked on 8/10/10, 3:19 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

When you file a petition to seal a juvenile record, the records are not destroyed until you turn 38. On the other hand, if you do not file a petition to seal, the records will remain for life. I doubt very much that you would be allowed to become a peace officer with a criminal record, even juvenile.

I'm not sure how old you are now, but your best bet is to find a new career path, unless you want to wait until you are 40 to become a peace officer.

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Answered on 8/15/10, 10:43 am
Terry A. Nelson Nelson & Lawless

Neither action would improve your record when applying for PD or some other positions. Your record must be fully disclosed to them regardless of sealing or expungement. It is then up to the individual PD agency whether your record bars you from hire. Probably, for most PD. Ask the agency you are interested in.

The general rules:

Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 8/15/10, 2:46 pm


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