I had a case of misdemeanor , not arrested but cited,charged,plead not guilty and case dismissed in best interests of justice,

Asked almost 2 years ago - Anaheim, CA

no probation class or fines involved, currently i am going to renew my (med) state license which asks for only convicted cases,do i need to disclose this incident.

Attorney answers (2)

  1. Christine C McCall

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    Answered . In State licensing matters, always parse the exact words of the instructions and answer precisely as asked. The State has access to the criminal history record and does not rely on the licensee or applicant for its info. The application or renewal form is just an applicant/licensee integrity test. The State will ask for any info that it wants. Provide specific info in response to specific instructions.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Guy W Bluff

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    Answered . Read the question in your application carefully. If it asks you to disclose "convictions" then you can honestly answer the question no since you said that the case was dismissed. If the question asks whether you were charged, cited, arrested, etc, which is much broader, then you should disclose the case on your application. That it was dismissed should not impact renewal of your current license.

    Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the... more
    No photo
    Asker
    Posted almost 2 years ago.

    Have
    you been convicted of or pled guilty or nolo contendere to any felony, misdemeanor, or other criminal offense under the laws of any
    state, the United States, or a foreign country, including any conviction which has been dismissed under Section 1203.4 of the Penal
    Code? If you are awaiting judgment and sentencing following entry of a plea or jury verdict, you must still disclose the conviction.
    i think they are asking fo convictions only ..am i correct.?

    No photo
    Asker
    Posted almost 2 years ago.

    it was dismissed per pc 1365..

    Christine C McCall
    Christine C McCall, Administrative Law Lawyer - Pasadena, CA
    Posted almost 2 years ago.

    Have you ever been convicted? Have you ever pleaded guilty or nolo? If no and no, then "No." This is not harder than it seems.

    I hope you mean dismissed pursuant toPenal Code ยง 1385. If your renewal runs into trouble -- and I don't think it will, but if it does -- call me and I can give you a cite that should resolve the issue conclusively in your favor.

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