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CRIMINAL DEFENSE.

San Francisco, CA |

I was charged with a Misdemeanor.

It was dismissed in court via PC 1385.

How can i have a clean record and if it ever comes up Have you been ever arrested?

I can write NO!

There was no probation,fine or community service etc either.

Attorney Answers 4

Posted

No, that would be lying. If case was never actually filed in court you can file a petition to seal/destroy the. Arrest record. But if a job application asks, which I doubt, you must answer honestly. Keep in mind, there is a difference between an arrest and a conviction. If asked whether you have any convictions, you can say no.

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Posted

You didin't say if you were actually arrested or not.

I agree with attorney Murillo. if you were actually arrested, then you were arrested.

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Posted

There is one way to get an arrest off your record and that is by filing a petition under Penal Code 851.8 and proving your factual innocence. You must do this within two years of the arrest. Job applications do not typically ask about arrests. By law, almost all employers are prohibited from asking about arrests, but they will see it on your record of they do a background search. The only way to avoid that is to prevail on an 851.8 motion and that can only happen of you can prove that there is no good reason to believe that you committed the crime.

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Posted

There is a difference between being arrested and being convicted. It is not too common for employers to ask about arrests, but most ask about convictions. Depending on how the question is worded you may still be required to say yes unless you are granted 851 relief as outlined in a previous answer.

I make it a point to advise my clients that you are much more likely to be denied employment for lying on a job application than you are for simply telling the truth. Especially as it pertains to criminal history, any employer is likely to find out your criminal history whether or not you admit to it.

SLG Criminal Law Group
515 South Flower Street
36th Floor
Los Angeles, CA 90071
213-236-3660

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