HI I got busted in an undercover operation a little over a year ago, got a lawyer and subsequently got the charge reduced to disturbing the peace. Now my 1 year probation is ending and I will be filing a petition to expunge my record. My question is should I do this on my own or should I have my lawyer do it. Also lets say my probation ends march 1 and I file that day how long does it take the expungement process to go through and will my records be sealed as soon as my expungement is approved or does it take a while? I wanted to know because I will be applying for a job soon and wanted to know if I should answer yes or no on criminal record if they ask. Atleast if they do see something it will be disturbing the peace and not soliciatation. Also for those that know if they ask for an explanation of why I was charged with this what could I tell them? Not sure what disturbing the peace is. Might they do more searching and find my arrest record for solication or does that get sealed as well.
Thanks for your help.
Is your conviction for distrurbing the peace a misdomeanor? If it is and you are not applying for a job that requires a security clearance or some other higher standard then you're most likely to only have to answer yes to being arrested and/or convicted of a felony. That's what most job applications ask for.
I have had some job applications that ask for any conviction (other than traffic infractions) and some that ask for only felony convictions. So what I thought of as minor inconveiences at the time has affected my life 20 years later. I have two misdemeanor convictions one is contempt for a failure to appear on a traffic infraction and the other a marijuana posession charge. The penalties were slaps on the wrist. A $25 fine for the pot charge, but over 20 yearts later this conviction still haunts me.
The job applications that I have seen support what Super9 indicated. Companies want to know whether you were convicted of a felony. Read the question on any application before answering, could save yourself from having to answer questions that you really do not have to answer to be honest. On the legal question, you should hire the lawyer who got the charge reduced, that person should know how to properly handle the situation.
I have done any number of expungements. They're simple; do it yourself. It will take some weeks for it to work through the system; nobody knows just how long. If your court has a website, keep checking the calendar or the docket using your case number. When there is no response, it's probably expunged.
Note that it is only expunged from the PUBLIC record but that LE will always see it on your rap sheet and will always be able to review your case file. That means any application for any government job requires you to state it UNLESS the question specifically asks about felonies only.
Despite all this, I had a civil case recently where opposing counsel asked me if I was aware of my client's criminal record. Since I personally had expunged my client's multiple misdemeanors, I knew the other lawyer had hired some cop to get the rap sheet. That's done all the time, just like paying someone in the phone company for an unlisted number. Yes, it's illegal and yes, it is inadmissible as evidence but it can become a factor of weight in a case.
bargain used to reduce almost any charge so you may be asked what you were "really" charged with.
I once represented a guy who was stopped by LE in his car. An illegal search found a gun and 300 rounds of ammo. The evidence was thrown out but to end the case with the least possible cost, the client plea-bargained to disturbing the peace.
Once the case is expunged will a prospective employer be able to tell that I was arrested for solicitation. What are some things I can say if they do find out I was charged with disturbing the peace. I obviously dont want to say that I was origonally charged with solicitation
for plea bargains. What typically happens is that Count 2 Disturbing the Peace is added to the charge against you. You then plead guilty/no contest to Count 2 and Count 1 of Solicitation is dismissed. So although it's referred to as "reduced to...", in actuality one count is dismissed and another added for the plea.
If you apply for any job that requires a state license (barber, plumber, real estate agent, etc.) your record will show up. But if it's an office job or sales not requiring a license, you should be okay.
What to say -- If they know of solicitation charge, tell the "truth": "I was innocent but I didn't have the money for a trial, so I copped a plea." Similarly -- "I was entrapped. The D.A. knew it was a bad case but he wanted to get something out of it so we compromised on Disturbing the Peace."
If they only know about the disturbing the peace charge:
1. "Some drunk picked a fight with me in a bar and they arrested both of us." (P.C.415 - fights or challenges to fight in a public place)
2. "Somebody called the cops because my stereo was too loud (maliciously disturbs another by loud noise)
3. "I called someone a f**king _ _ _ _ _ _ (ethnic slur). This was only after he called me an (ethnic slur). The cops did not believe me, so they arrested me. (offensive words likely to provoke an immediate violent reaction)
In response to "Heywood"'s suggestion that you lie about what happened, I want to point out that it is illegal to lie on a job application or in response to questions asked in the hiring process. If your lie is later discovered it will be a vbalid reason to fire you. Even if you are fired for some wrongful reason, you will lose a wrongful termination suit if the employer finds out that you got the job this way in the first place. Depending upon the circumstances, it may also amount to fraud and could lead to a civil suit and / or criminal charges.
I realize that these concerns won't stop people from lying in the real world, but I want to make sure you know these details before you decide what to do.
If Heywood happens to be an attorney, he has committed a serious ethical breach by recommending illegal conduct like this.
And before anyone asks, yes, I do realize how odd it seems to be talking to this group as if they would be shocked at the idea of doing something illegal.
I thought disturbing the peace was normally only a citation. A lot of students in Santa Barbara get the charge all the time and it does not go on their record. Is it only if you are under 21? I know there are Youth Offender Programs....do they become misdemeanors if you are over 21?
"I want to point out that it is illegal to lie on a job application or in response to questions asked in the hiring process."
Is this true for all job applications or only for those that require a license such as a teacher, plumber, real estate agent, etc., or a government position? A non-licensed job application os not a legal document.
You say that "a non-licensed job application os not a legal document." The words sound official, but they don't mean anything.
When you fill out a job application, you are trying to get a job. If the company offers the job to you, it does so based largely on the information you have provided. If you lied to the company and caused it hire you for a job it wouldn't have offered if it knew the truth, then you have committed fraud.
This is true whether the job requires a license or not.
Falsely claiming to have a valid license might be a separate legal issue, but that does not mean all other false statements are legally acceptable.
hey woody -- how's my namesake? when are you going to follow my lead and leave the law behind. i am much happier developing real estate these days.
cheers!
Am a lawery Its best to have a lawery do it your old lawery can do very easy. But you can do it your self Go to the court and make friend with the girl who hands out forms or call maybe there will mail them to there is a fee. She can help you or just tell you how or where to get the forms. Or go on line most courts have them there( LA ) does. There will a short hearing a report from the FBI if you have not had any more problems it should be fine For the rest of use how did this happen what would you do diffant Are you the girl or the guy
wayneo
huh???? in english please
Two things:
1) If you pled to a misdemeanor charge of disturbing the peace, try having the charge reduced to an infraction.
2) Once you get the charge expunged, the case is officially dismissed so you do not have to tell any private employer that you were convicted of the crime and can answer any direct questions accordingly. If you are applying to a licensing agency (i.e. real estate, medical license) or a few other exceptions associated with government work, you must disclose the conviction.
Well I dealt with the paper work needed to expunge my record. It was pretty simple. I needed to get the form from the criminal courts. then fill it out (simple stuff like case number, charge, name) then take it to the city prosecutor and have them stamp it and then take it back to criminal courts dept. along with $60. they said it should take between 6-8 weeks and they will mail me the decision. the criminal dept also recommended that I file a seal and destroy once the expunge goes through. the guy expalined that even expunged records can be found depending on how much money the person whos looking pays. Sealing and destroying would further "bury" my record and make it harder to find. When I asked the city prosecutor about this she said that the criminal courts recommend this but it is almost always denied because in essence it would say that you are innocent. I'll try, got nothing to loose.
As far as the job situation. currently I am applying for a couple of jobs and on one app they asked for any convicted crime so I am going to have to put disturbing the peace and if they ask say loud music or something. Its too embarassing to say soliciting. I just hope these background check agencies arent able to see my arrest record.
for the person who asked. I was the guy and I got busted by an undercover. Never go into a hotel room the girl already has. Let the girl get in your car before you talk about anything.
Anyone else have experience with background checks and types of info they pull up? Also how to I make sure that my record gets expunged. Is there a way to verify??