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Asker
Posted 6 months ago.

I totally understand the response and thanks. So even the recent amendment to 432.7 with the SB530(senate bill 530) is a joke? Can't I write to the governor that why is not so unfair to people of Cal who even if have their case straight dismissed and never even had a conviction have to live in constant terror of being discriminated. How can the govt bodies behave in such a foolish way. I am in immigrant in America. Honestly, they portray that we value life in America where even a minor thing is treated as a big deal since life is valuable. Then why do they let a system be where a life can be destroyed even if say someone just accuses a person. My wife filed DV against me and the prosecutor dismissed all charges on the day of the jury trial when he saw the inconsistencies. Now all my hard work is going to be in drain if I ever have to look for a job again in private sector? I really want to make noise about it and fight hard to change the system. Whether I succeed or not is secondary. Hod do I start?

Christine C McCall
Christine C McCall, Administrative Law Lawyer - Pasadena, CA
Posted 6 months ago.

You asked a very narrow and specific question and the responses to that question did not stray into alternative methods of accomplishing your objectives. But it may be that those alternatives are where you will find meaningful recourse. It is true that Labor Code is not going to be your bulwark against unfavorable (mis)info about you coming to the attention of potential employers. But other avenues of recourse may serve your objectives. For example, you may want to bring a Petition for an Order of the court finding you Factually Innocent. That Order is not easy to obtain but it carries a lot of weight and can lead to destruction of the record that you see as potentially prejudicial. Talk with your criminal defense attorney (who already achieved such excellent results for you) about going the next step and seeking an Order re FI. And good luck to you.

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Asker
Posted 6 months ago.

Maam, my criminal defense attorney was amazing and fought like a friend would save a friend. He charged me good fee but fought hard for me and we got the case dismissed on the day of the jury trial. He is open to 851.8 but as you said, 851.8 is rarely granted. And in this county they are even more strict. Another downside, say even if I don't care about spending money on the petition, if it is denied, it leaves one more scar in the file :(... I am not going to waste your time by going on circles but I really want to write to the Cal Gov and ask how can they not see what all of us can see that this kind of info can cause extreme prejudice and a person if not convicted still may have a hard time moving on. I can pay you also if you are willing to draft a strongly worded letter on my behalf. I will keep writing to them until at least they ack that yes they see my point but they are still not sensitive to it. At least I would have done my part by doing that.