Legal Question in Criminal Law in California

in tennessee i was arrested for second degree murder.
the short of it was i stopped my stepfather from harming my mother,
in memphis tennessee
I went to court and on 7 22 04 i was convicted of voluntary manslaughter
and given a suspended sentance of 3 years in jail and 6 years probation
i finished my probation and now i want to know if i can get this off my record or how long before i no longer have to disclose this to would be employers.. under California law. i moved to California feb 3 2010 to get a fresh start on my life etc

Asked on 11/02/10, 3:14 pm

3 Answers from Attorneys

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

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I would pursue executive clemency with the governor of Tennessee. And be up front with employers. Few who are convicted of manslaughter re-offend.

Answered on 11/07/10, 3:50 pm

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Edward Hoffman Law Offices of Edward A. Hoffman

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Assuming that this was a felony (which it almost certainly was) I doubt it will ever come off your record on its own. Whether and how you might be able to get it removed are questions of Tennessee law; you should re-post the question under that state.

Not every job application asks whether the applicant has been committed of a felony. Generally speaking, if the prospective employer doesn't ask for this information you don't have to give it to him. But unless and until you get the conviction removed from your record, the answer to "Have you ever been convicted of a felony?" will always be "Yes." And even if you are able to get the conviction expunged, you will probably still have to say yes to this question when you apply for government jobs, as well as in other contexts.

Answered on 11/07/10, 3:56 pm

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