Legal Question in Criminal Law in California

I live in California, I am on Summary Probation, can I get a Guard Card?

- I plead guilty to misdemeanor offense of illegally downloading. My only term of probation is no downloading. I graduated sheriff's academy last year. This whole thing has ruined my life. Is there any way that I can pass a Livescan with this stupid thing hanging on me?

I know that is it up to the employer but does anyone think I should even try? Thank you for your help!


Asked on 3/27/11, 2:22 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

No. You'll be lucky if you can get a job flipping burgers during your lifetime. Who told you it would be a good idea to plead guilty?? To "illegal downloading"?? Complete your summary probation and you can get an "expungement," but that would be worthless for purposes of working in law enforcement. I would demand your money back from your attorney.

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Answered on 3/27/11, 2:38 am
Terry A. Nelson Nelson & Lawless

If the Sheriff let you into the academy, then you might be able to get a 'card'. Whether any company will hire you in security is a different story.

The general rule is: Records are forever. However, you can consider getting the conviction expunged; it would help in obtaining and keeping employment. Many felony and misdemeanor convictions [and now recently included are infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time sentenced whether served or not, and if it was not for certain sex and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 3/28/11, 11:26 am


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