Legal Question in Criminal Law in California

Moving out of state or country effects felony?

I was convicted of PC211 2nd degree as a minor. Because of the offense my record can not be sealed. My only other option is a pardon which may be granted to me in 30 years (I spoke with a lawyer and he says the governor hasn't granted any pardons for convictions earlier than that)

To increase my likelyhood of getting a decent job, I was wondering if traveling to another state will have any affect on background checks. My crime was a state offense so I'm hoping the standard DOJ record check only shows up in that state, though I'm probably wrong. If moving to another state is not an option I am considering moving to another country as well.

Thanks


Asked on 4/29/06, 5:38 pm

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

Re: Moving out of state or country effects felony?

I did some research on your situation. It is indeed strange that an adult felony offender can apply for a certificate of pardon and rehabilitation after 5 years, but a juvenile offender can't. Unfortunately, legal challenges to this law (Prop.21) have all apparently failed.

However, you should not state on a job application that you were arrested or convicted of a felony or of any crime -- for purposes of such a question, you weren't. A juvenile adjudication is not a criminal conviction. An employment background check may or may not turn up your juvemile felony. In the meantime maybe you will be able to keep a job for long enough that they will like your work and possibly keep you on even if the juvenile matter turns up. I don't blame you for wanting to leave California since you would have three-strikes law problems if you were ever convicted of an adult crime, and who knows, maybe you would have an easier time finding work.

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Answered on 4/29/06, 6:26 pm


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