Does anyone know if a  measly 1 count 647B is reported to the big Goverment data bases?

Obviously the private companies will buy anything, even  the minor traffic tickets & infractions.

thank you kindly

on NCIC.  

(You seem to be doing a lot of worrying lately.)

Yes, misdemeanor convictions for prostitution do show up in government databases. For one thing, in California, it' a priorable offense. That means if you have prior convictions for prostitution in California, the second and third offense will have greater penalties. For another thing, prostitution also has immigration consequences. It's a crime of moral turpitude. So, yes, both the California and United States governments have an interest in keeping track of such things and do.

thanks for the info,  
so even though I have (no prior & no after of anything) & that was a 1 time/bad luck day. & "it was expunged".. it was reported to the big data bases.

that is why I am so determined to have name cleared & have been fighting almost 7 years.
not guilty is just not good enough

Nothing in the California Penal Code refers to what happens under Penal Code 1203.4 as an "expungement". California courts prefer to call it a dismissal of a conviction. PC1203.4 is pretty much only good for answering "no convictions" to applications for private employers. People v. Sharman (1971) 17 Cal.App.3d 550 flat out says that a 1203.4 dismissal does not result in the case being expunged from public records. Even a pardon by the Governor doesn't scrub it from public records. You're looking for a post-conviction exoneration which is extremely difficult. It usually requires newly discovered evidence or proof of false evidence presented at trial.

but I will tell you that most if not all of the readers of the board have been a little baffled as to to precisely where Cathy stands procedurally and she has struggled to explain it herself.

What I think happened is that she pled guilty back in 2002 and 2003, served her sentence, but then decided to withdraw her guilty plea. Although this is very difficult to do, she apparently was successful.

At present, my best guess is she has hired a new atty seeking to have her arrest records -not the court records - sealed and destroyed after three years by filing a petition contending she is factually innocent. Whether she has also sought some kind of expungement of the court records is unclear.

I think she is waiting to see if the state opposes her petition in which case she will have to prove actual innocence. At the same time, there is some possiblilty that the state will continue to prosecute the original charge, cause CAthy keeps saying she is being threatened with jail time, which would not happen on a destruction of arrest records petition.


If you search back about 60 days you will see the posts that led me to put it together this way.

But if this is correct, she is not seeking "post conviction" exoneration bc she has not been convicted.

Whew.







-- Modified on 2/19/2009 1:57:37 PM

waiting on pins & needles to see if the petition to "destroy arrest records is accepted"

I have a letter from the 3rd attorney(his partner is doing the seal& destroy) that says::
"congratulations on the expungment here is a certified copy signed by Judge So in So"

and if you look me up on the OC data base it says "case closed/plea: NOT guilty/dismissed
but then you can click onto these tabs & find out all kinds of other personl details..

the good news no one would ever look for me in county web site, that is why I am trying to get off the internet data bases as they give a LINK right to that county & anyone can then get more details..

but .clearly by getting the arrest  sealed & destroy is going to give me much better relief..
hope that clears up any confusion. again sorry, it has been a difficult road...I have been confused by all of this too.