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I am trying to apply for deferred action i meet all requirements but at age 15 got arrested for violating pc 484(a).

Santa Clarita, CA |

I was enrolled in a program call teen court, my case never went to juvenile, I had 6 months of probation and community service, on january 2003 my case was dismissed, Recently I got my criminal record from the department of justice in sacramento through fingerprints, it does show my arrest but it does not say I was convicted, still waitting for BFI report, one thing i noticed my last name was spelled incorrectly as well as my DOB, its off by 11 months, I have tried myself to get any records of my offense but I havent been able to, all I have is a letter from the court coordinator stating that my case was dismissed, I am concern since I have no court documents to prove the disposition of my case aswell and to why is my DOB incorrect would this disqualify me for deferred action? Any options?

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Attorney answers 2

Posted

It sounds like your case was not dismissed for lack of evidence, but was dismissed due to an expungment action after a conviction. If this is the case, the President's order requires no criminal history. There have no case law established yet if that excludes juvenile records. Additionly, since this is an executive policy, there really would be no judicial oversight. Sorry, but it does not appear to be very good news for you. Good luck.

Posted

Expungements will be dealt with on a case by case basis. It does not bar you from applying - but you will need to turn in a thorough application with lots of evidence. I would recommend speaking to a lawyer.

Best of luck,

Sanjay A. Paul, Esq.
(888) 373-2602
www.dreamlawca.com

This is not legal advice. No attorney client relationship exists between us.

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