Legal Corner
Just curious cathyb:...
How has your arrest record ruined your life?
I myself have four arrests* for various misdemeanor infractions (no convictions however), and I have been able to get clearances from large corporations that do extensive background checks as well as FBI clearance to work on militarily sensitive projects.
I know some others that have situations similar to mine.
I wouldn't think that one arrest for a misdemeanor would affect you in such a way as to lead you to spend so much time and money attempting to expunge same.
If this is too nosey, please just say so.
*If you must know:
Unlawful assembly
trespassing
violation of restraining order
illegal distribution of materials within 100 feet of a high school
(still not a lawyer)
I finally spoke with the factually innocent attorny. He said He is waiting to hear back & hopefully it will be good news..
which is so confusing because from the Ca.law protocol makes it sounds like you have a "hearing" sort of mini trial & get an answer on the spot.. but this was a petition that he filed...
the good news is that they allowed him to file (which he had to get permission to do that.. so maybe if my chances were not good, they would not even allowed the filing part...
I cannot believe the damage ..1 moment of crossing paths with a bad cop = forever ruining your life........
How has your arrest record ruined your life?
I myself have four arrests* for various misdemeanor infractions (no convictions however), and I have been able to get clearances from large corporations that do extensive background checks as well as FBI clearance to work on militarily sensitive projects.
I know some others that have situations similar to mine.
I wouldn't think that one arrest for a misdemeanor would affect you in such a way as to lead you to spend so much time and money attempting to expunge same.
If this is too nosey, please just say so.
*If you must know:
Unlawful assembly
trespassing
violation of restraining order
illegal distribution of materials within 100 feet of a high school
(still not a lawyer)
your adorable & thank you for asking,
well,
1)thanks to OC thwey sold my info to data bases & anyone that knows my name can see all the details for free
2) 647b is about the worst thing you an say about a women ( you are automatically garbage /trash)
3) I live in a tiny town & was in an accident(PI case) & they are trying to find something to get off the hook for my injuries. here that can make an effect on the jury (even though it is not suppossed to reality it still does
I am determined to clear my name, I hope the judge will see any person fighting this tiny (expunged)case for almost 7 years & has nothing else ever ,,deserves to have their name cleared
. . . cathyb to have the official records of her arrest sealed and destroyed when private parties already know of the arrest? If the county has already "sold [her] info to data bases & anyone that knows [her] name can see all the details for free," can she stop the private party that is disseminating this information from continuing to do so even after the official records have been destroyed?
If the only proceeding remaining is your petition to have the arrest records sealed and destroyed under Cal. Crim. Code 851.8, you are correct that a hearing must be held to determine factual innocence if the LE agency contends you in fact committed the crime. As I read the statute, you can avoid a hearing only if they accept the allegations of your petition.
If they do not respond at all after 60 days, they are deemed to have rejected it. If there is a hearing, then you should plan to go back out there for the hearing and testify. Although you are permitted to present your evidence by affidavit, you would be crazy to do this since your credibility will be the crucial point and that can only be judged by live testimony.
so far, the attorney had to get permission to persue this because it was past "2 years".
and that was Okay. yet
it took almost a year to get that permision
then I guess he filed something else?
attorney told me that he should hear good news in a few weeks & it will be wrapped up.
He said I would not need to be there at all. "I wish I could be there" that is how I got into this mess in the first place I could not be there in 2002 ..... And now I am basically imprisoned by injuries and cannot travel anymore(Dr appts only)
If I could have been there in 2002 I know I would have been able to prove that the cop lied & did very bad things,,,if anyone should have been arrested should have been the cop for assault & attempted rape... ( sorry .. this whole thing still burns me up)
maybe if it is filed the chances are good maybe the LE does not want to fight this again,, maybe too much work to fight & get nothing in return???
he also said the judges decision is dicresionary & the court needed a compelling reason that this needs to be sealed.
He could not guarentee but it was more probable than not that I would get a good result..
I have never heard of a 647b when the person refused money..... how can that be a 647B? I know they argued that I evetually would take money.. but NO is NO .... & my behavior was also No...... not a lawyer, but this case seems easy to me,, I would argue every word out of that cops mouth...wonder if anyonne else has fought this hard for milktoast.
If this DOES go back to court (unlikely - if you are granted hearing/retrial whatever, the prosecutor is likely to drop it due to the time lag and it not being wothr his effort) there is a large possibility that the arresting officer is unavailable/unwilling to bother with a case he may not remember. The officer may have quit/been fired/retired/moved on to other work and not care about misdemeanor vice arrests.
Best of luck
mvr
Those words are very encourageing, Von, & it means a huge amount to me.thank you
I remember it like it was yeaterday & all the tiny details.
I also agree with your comments about it is too much hassle to fight this..and for what reason & I live so far away. I am clearly no threat.
maybe that is why the attorney seems so laid back about this?
I asked him if he needed me to write up a summary pointing out the lies & explaining my side.. but he sais No??? He basically said it was just some hoops
thanks for all the support
go back to court mean? do you mean that it is most likely my petition will be accepted?(good news) beause of the reasons ou stated?
sorry so compulsive (almost 7 years of pain)
....& is yanking our chain yet again….this may be his original alias to play with here on this board …I could be wrong, see what you guys think…..here's some links....
http://www.theeroticreview.com/discussion_boards/searchMessagesResults.asp?BoardID=18&SortBy=Username&SearchType=1&Author=EW1234&DayFrom=300&DayTo=0&Findpage=1
http://www.theeroticreview.com/discussion_boards/viewmsg.asp?MessageID=116340&boardID=18&page=1
http://www.theeroticreview.com/discussion_boards/viewmsg.asp?MessageID=116407&boardID=18&page=1
Hello everyone,I'm pretty new to the TER but after reading only a couple posts by cathyb I felt a bit irritated,as they rang with so much bull----! Us newbees look to this board for much needed information,and the TIME this woman/man has wasted...grrrrr!You guys are wonderful and have alot more patience than I do,that's for sure!when a guy calls me and behaves like that on the phone I kinda feel he's getting his nut just from the call and I hang up on him!xoxo
will I respond . Honestly, I am at lost for words, How do they connect those dots???? Sorry I don't even understand the remote connection.
The thing that is perplexing to me is how you have been able to sting so many followers along for as long as you have. I realized you were bogus after your first couple of posts. Eventually, everyone will figure you out and ignore you. But until then we will have to endure your SPAM and poorly fabricated stories that make no sense at all.
first , I normally ignore this type of inaapropriate behavior,
2)I think your the one that used several different alias a few times (gator jim & too person) have 1 post each which make zero sense.
3)you have insulted several other posters, that are trying to answer questions honestly & seriously
4) I wonder why you know about areas in LA to drive around & pick up street walkers?
5) why are you defending LE stings & saying it is "pressure by citizen groups"...when in truth cops can contrive & create their own "fun" stings?
6) why would you not believe that there are some dirty cops?.. are you a dirty cop?
7)what on earth motive would cause someone to ask questions about their situation & clearly trying to get help..if it were ficticious?....good grief...
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