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I was charged with 415(2) C (Misdemeanor) -- talking loud on the phone (distuburance in public)...

Tustin, CA |

I was charged on Feb 16th, 2012- alomst one year is complete.... and judge never put me on probation. I paid all the fine in full. and just checked the status this morning. it says Case Closed, and complaint type - citation...

does that mean i still have to pay a lawyer to file an expungement since its been a year and all fines r paid or its just a citation and wont come up on my employment background check? pls let me know

mike

RIGHT NOW MY MAIN CONCERN IS DO I STILL HAVE TO HIRE A LAWYER TO EXPUNGE OR SINCE ITS A CITATION TYPE AND CASE CLOSED. IT WONT SHOW UP ON MY RECORD

Attorney Answers 4

Posted

Do a live scan first. It may not show up.

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Posted

EMPLOYMENT APPLICATIONS are "tricky" matters, and whether or not this event will come up in a "back ground" check is NOT as important as what may be REQUIRED to be disclosed on the employment application. Depending on what type of position, and/or professional license, you may be seeking to obtain; you may be actually be REQUIRED to disclose everything from your past regardless of whether or not previously expunged!

So, do yourself a favor and read the application carefully. Perhaps, you may also want to consider and weigh the benefits of being "candid" and as truthful as possible, against the possible risks involved! Remember, we all make mistakes as we are all human; but character traits of honesty, and "full transparency" are very strong attributes which every employer considers when looking for the "right" employee!

And showing that you have “nothing to hide” can often work to your advantage; especially if a prior “indiscretion” is minor and can be explained! As an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question? I truly wish you the best of luck!

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Posted

If you were never fingerprinted and booked it will not show up on your record. If you were it will show up as an arrest and a plea.

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Posted

Ay ay ay. You need an expungement under PC §1203.4a (Not 1203.4). This is the statute that allows for an expungment where, as in your case, no probation was granted. In my opinion, you do not need a lawyer if you obeyed all orders associated with your plea agreement (paid fines in time) and picked up no new arrests. One year must have expired from the date of your conviction.

PC §1203.4a : "(a) Every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction shall, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime, and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty; or if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusatory pleading against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted. . ."

If you are in perfect compliance, simply go to the clerk's office at the courthouse where you were convicted and ask for an expungment form. Make sure it's the 1203.4a.

On the other hand, if you are NOT in perfect compliance, I would suggest hiring a lawyer. Granting the petition then would be discretionary, and you may need an experienced advocate to argue on your behalf to persuade a judge to exercise his discretion in your favor.

Once the petition is granted, your conviction for this nonsense is deemed never to have existed (so don't disclose what doesn't exist), EXCEPT for licensing purposes and basically any governmental entity that is doing the asking. Good luck.

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