Legal Question in Criminal Law in California
Sucessful Completion of Entry of Judgement means??
I want to apply for a state of CA pharmacy tech license. I will be asked if I have ever been convicted of a felony or crime involving illegal controlled narcotics. I was arrested in 1995 for posession and was given Deferred Entry of Judgement and I sucessfully completed the 3 month required program that was ordered from the court. Does this mean it is off my record completely? I have to submit fingerprints and will they know exactly what happened? Or is this sealed or like it has never happened? last how do I answer any questions regarding ever being arrested for a drug offense or a felony arrest or arrest involing illegal drugs. Thank you.
2 Answers from Attorneys
Re: Sucessful Completion of Entry of Judgement means??
It is still on your record, always will be, showing exactly what happened. If there was no 'conviction', then you can say 'no' on any application. If there was a conviction that was later dismissed, expunged, or otherwise changed, you have to disclose that on any govt applications, licensing, bonding, secrurity clearance, etc. The question on the application is a test of your honesty, since the agency will have a copy of your record. You lie, you are disqualified from licensing. If you tell the truth, you MAY not be barred from the license. If there is a conviction on your record, you may be able to expunge it so that you can say 'no' on applications for private comany employment. Contact me if you need expungement.
Re: Sucessful Completion of Entry of Judgement means??
It is a difficult and very dangerous area of law. Rule #1, DO NOT LIE OR MISLEAD the Board on your application. That is the one thing that will irreparably screw you. Rule #2 TAKE ADVANTAGE OF PROP 36 OR P.C. 1001 (both allowing DEJ).
Depending on which way you went (diversion or prop. 36), you can prepare your application truthfully and protect yourself legally.
The records concerning the details of your arrest are not destroyed without a special court order that you do not have. Rest assured that the Board will find out about your previous inciden t. However, the law protects you from most all of the disabilities stemming from your arrest and being charged with the offense. I recommend you a good criminal lawyer to guide you as you have to much too lose by making a mistake/too much to gain by doing it right (saving months of time, perhaps.) You did everything right so far, do not make an error now.
Joseph Shemaria, Esq.
www.CriminalDefenseLawyers.com
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