Write Review
1,891,579 Total Reviews 3,530 New Reviews
13,017 Users Online

Legal Corner

Re: (ROD) Re:It will be tough to get done.
governor 14 Reviews 10658 reads
posted

Thanks for the response. I wanst told it needed to be done with a lawyer. Clerk just told me to come in once expungment is granted. I'll try it, got nothing to loose. By the way this in in California.
As far as moving, there is no need. I am findimg that even with my mis disturbing the peace conviction I am still getting job offers and lots of interviews. So this tells me that a minor conviction such as the one I have does not deter employers from making me offers. I'm sure if it involved violence, drugs or fraud the consequences would probably be more severe.

governor13656 reads

Well I got my expungement letter from the courts today. It was granted :)  It took about 3-4 weeks for it to go through. What weird is I applied for a job a couple of weeks ago and they provided me with a copy of the background check they did and my conviction (mis. disturbing the peace) was not on it. However I did  disclose on the application that I was convicted. Its been 1 year 1 month sice I was convicted I wonder why it didnt show up. I beleive they used a company called dataline for there search. Maybe my paperwork got lost? maybe it takes longer than a year for it to get in there system. I beleive dataline goes directly to the courts to check records.

Anyway now the next step is seal and destroy.

ReplyQuoteReport
marybeth11678 reads

great news gov!!! can that process be done when you live out of state? just for info purposes:
with my sitiuation  I had to apply with the school board before my case was settled guess what 1) I told the background people "no convictions"  remember my case had not been settled and would you believe that the 1 count measley 647b was on my record  and I   had not been  even convicted just (illegaly) arrested in OC. question? what happens if on the paper work it asks what have you done to change your life? can I say I an not a hooker I signed those papers via fed-ex because I don't live in that state & don't have thousands of $$$ to fight (plane tickets,hotels) court won't give me a public defender because I am not a resident)

ReplyQuoteReport
sidone9894 reads

You don't have to be in California to have a conviction expunged.  But you are mistaken to say you weren't convicted, because any judgment of guilt is a conviction whether it results from a trial or a plea.  

The part about showing you changed your life is a real problem, especially for someone who will not admit to being guilty and all the more so for someone who is still doing what got her arrested in the first place.  Perjury on the expungement papers is a much more serious crime than the one already on your record.

As to job interviews, you can explain that you pled because fighting it was too expensive, but no one has to accept that explanation.  Besides, after you say this the next logical questions are "Well, what really happened?" and "Why did the cops think you were a prostitute?"

ReplyQuoteReport
rodmewell11967 reads

Unless you are a minor, you will find that hard to accomplish.  If it were easy, practically every criminal file would be sealed and destroyed.  Unless there are especially extenuating circumstances, your file will be public information forever and, if your state has a criminal database available to the public, it will be accessible via your name, case number or both.

Sorry about that.

ReplyQuoteReport
governor11809 reads

Do I need to get a lawyer to handle the seal and destroy? Will it be to my advantage? or can I do the same as I did for the expungement. What are the factors that the judge will look at to determine if my case is appropriate for seal and destroy. I'm just looking for things I can do to increase my chances of this being approved. Maybe a letter attached to the seal and destroy motion saying what I have done to change my life???

-- Modified on 4/4/2004 7:40:05 PM

ReplyQuoteReport
rodmewell10449 reads

Unless you're a minor, it is not possible to do a seal without an attorney.  It is highly unlikely to be successful in any case.  You would have to show the judge what others in your situation have shown them.  What that is I do not know.  This is an event which seldom occurs.  It is not expungement.

Think about it.  Every criminal record would have been sealed were it easy (well, almost all older ones, certainly misdemeanors)  I can't find anyone who has even heard of it being done except in the case of minors.  I have tried as a client recently asked me about it so I did some research.  My client had been told by a court clerk that it could be done.  When I was informed about that, I began to check.  The result is not encouraging for the person with the record.  State laws do vary.  I'm in California.  Checkc the state in which the crime occurred.  I suppose you could move and not tell people where you came from ...

ReplyQuoteReport
governor10659 reads

Thanks for the response. I wanst told it needed to be done with a lawyer. Clerk just told me to come in once expungment is granted. I'll try it, got nothing to loose. By the way this in in California.
As far as moving, there is no need. I am findimg that even with my mis disturbing the peace conviction I am still getting job offers and lots of interviews. So this tells me that a minor conviction such as the one I have does not deter employers from making me offers. I'm sure if it involved violence, drugs or fraud the consequences would probably be more severe.

ReplyQuoteReport
Post Reply Back To Forum
Register Now!