Legal Question in Criminal Law in California

Tresspass

24-young single male pleaded No Contest (upon his attorney's advice) and was convicted of trespass in a recreation center for entering and exiting women's locker room. He pleaded No Contest because he admitted he inadvertently entered the room. He is currently under probation for 12 months and undergoing sex offender program, sex offender group sessions. It is first conviction. The probation officer and psychiatrist require him to write an extensive report on his sexual history (he has none, does not know what sex is) and to write in detail about his victims. There were no victims; there was no sex involved.

Questions:

1. What can happen if the psychological evaluation at the end of the session is not favorable? What if the polygraph they want to administer will not be in his favor?

2.What happens if he finds a job and moved to another state, say California?

3. What are the steps he needs to follow to be expunged?

Thank you very much.


Asked on 6/28/02, 11:59 am

1 Answer from Attorneys
Gary Olive Law Offices of Gary Olive

Re: Tresspass

In regard to the expungement, upon sucessful completion of probation he should contact the attorney who handled his orginal case and ask for assistance. Expungement involves number one sucessful completion of probation, no new cases pending and a general law abiding lifestyle. A motion or petition will have to be filed in the court he pled in. It is possible that this case will follow him to other states in that the data base can be accessed by other states.

In regard the polygraph, I am not sure why that is required. However, the results of these tests are not admissible in a criminal case.

Good luck.

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Answered on 6/28/02, 8:11 pm


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