Legal Question in Criminal Law in California

Record reads wrong charges

I got arrested 2 years ago and was convicted of misdemaenor possession of a controlled substance and child endangerment. I was put on informal probation. The courts realized that i was supposed to be put on formal probation and had me contact probation. At that time, I was told that I had been convicted of a third charge, being possession of a hyperdermic needle. This is entirely wrong and there was never even a mention of this in my case nor was that even a factor in my life. I was told that it was their mistake and presumed it was taken off. It has now been brought to my attention that a person inquiring about my record found that it was still on there. This person is using this information against my character in the courts and other places as well. It is causing me much grief!! What can I do?


Asked on 12/23/03, 7:54 pm

1 Answer from Attorneys
Jacqueline Goodman Rubio Law Offices of Jacqueline Goodman Rubio

Re: Record reads wrong charges

851.8 motion/Finding of Factual Innocence.

I apologize for my brevity here, but it's last-minute holiday preparations going on. Let me just assure you there is a relatively quick and easy way to clear this up in the DOJ, Calif DOJ, FBI CII Index, with the arresting agency, and in the local court record. I do them from time to time. You may do it yourself, but I always reccommend counsel if at all possible. Either/both methods may be appropriate. I charge only a modest fee to do this. I suspect it can't be terribly expensive in other law offices, either, and I think it's well worth avoiding the learn-from-your-mistakes-as-you-go method. It isn't the most difficult thing to do, but there are procedural requirements and timelines to be aware of, and things you can do to try and ensure the best possible result in as little time possible. If you choose to do it yourself, I suggest you begin your research in the area of the PC 851.8 motion.

Good luck! Call me if I can assist. 800-515-0233/ 714-612-7865 (Cell).

Kindest regards,

JACQUELINE GOODMAN RUBIO

www.californiadefenselawyer.net

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Answered on 12/24/03, 2:55 am


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