Legal Question in Criminal Law in California

Misdemeanor assault was reduced to infraction disturbance of peace after 1 year probation, 6 years ago. I'm wondering what to put on state license application (CPA), as they ask to detail any crime conviction except "minor traffic" infraction. I know there's a question if any infraction is a crime at all. My misdemeanor was "reduced". So, what do I answer: misdemeanor, infraction, the whole story with reduction of misdemeanor? Tired of this. I fought back after male 2x bigger than me attacked me a small woman-false accusation-as a result, I'm barred for life from career as a nurse or anything in medicine. I got computer science degree ONLY to be away from background checks and yet was mysteriously withdrawn an offer after one, with no explanation. Now I hope to be a CPA as I hate programm


Asked on 5/27/13, 3:38 pm

3 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

I would say list it. It was a conviction and it was not a minor traffic infraction. The way I would read it any infraction exception mirror traffic infractions need to be listed....

You can call the Licensing Board, but I regularly deal with federal background checks for suitability and this would be listed. You have to remember these questions are broad to cover situations that not only happen in California but in other states. If you don't list it and they run your prints and it shows up on your fingerprint run, it will be worse for you because it looked like you lied and it will surely be a denial.

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Answered on 5/27/13, 5:39 pm
Anthony Roach Law Office of Anthony A. Roach

If you are applying for a state licensing you must disclose it and then explain that it was reduced.

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Answered on 5/28/13, 9:35 am
Terry A. Nelson Nelson & Lawless

Your expungement only changes the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. When applying for a job in the PRIVATE sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. The licensing agency and employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

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Answered on 5/31/13, 1:52 am


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