Legal Question in Criminal Law in California
If a misdemeanor grand theft charge in California has been expunged and dismissed and years later I am a plaintiff in an auto accident case would I have to disclose the conviction under oath if it went to trial? Defense brought it up in deposition, but I was instructed not to answer. I was told that it cannot be admissable, but I want to make sure? Will I have to disclose it if asked, under oathe?
3 Answers from Attorneys
You were already under oath. Listen to your lawyer already.
No. Witnesses can be impeached and asked only about felony convictions.
Your attorney knows what he/ she is doing.
For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been convicted of a felony unless:
(c) The accusatory pleading against the witness has been dismissed under the provisions of Penal Code Section 1203.4, but this exception does not apply to any criminal trial where the witness is being prosecuted for a subsequent offense.
(Evid. Code, sect. 788.)
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