Legal Question in Criminal Law in California
Hello. In November 2004 I was arrested for a felony, taking a vehicle without owners consent. I was Ror\'ed from jail and since then I went to the DA and got a signed paper saying the charges were dropped for lack of evidence. I did a master name search of myself and the arrest still shows up. My question is will I pass a state background check? I am currently looking into opening a home daycare and am worried about it. I also was convicted of misdemeanor possesion of marijauna in 2005 but it has been expunged. Will it effect my state background check? Thanks!
1 Answer from Attorneys
On the taking-of-the-vehicle incident, even though charges were dropped, the arrest will still show up on your records, you can't expunge that. But, the good thing is that charges were dropped and you have the DA's statement on that. I don't think the arrest should affect the decision of the daycare licensing authorities if you truthfully explain to them what happened, since it is understood that sometimes people can be arrested for something but were absolutely innocent so charges were ultimately dropped.
As for the expunged marijuana conviction, however, that will depend on how strict the standards of the daycare licensing authorities are, which I do not know. Their standards may be such that any one who ever had a marijuana conviction should be denied a license, even if it was later expunged. That's something that, if you really are worried about, you should retain a lawyer who has experience dealing with daycare licensing issues and ask their opinion.
Larry L. Doan
www.GuruImmigration.com
http://guruimmigration.wordpress.com (blog)
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