I agreed to a guilty plea on a felony possession charge for a teeny amount and it was just a stupid circle of events that began with questioning my sanity and was found where the officer had no business looking. I only used on occasion too. Now, I must do a DEF program and be good for 18 months and it won't go on my record. However, I've been told if you try to apply to be a police officer you must disclose it. If you don't and it's not on your record, how would they know? I've also been told it does stay on your record for law enforcement, the state and federal to see. I don't want to get searched and harassed if I get pulled over because of it on my record. Also, I've been thinking about getting a real estate license. I've been told 2 separate scenarios by, I don't know how many.
Criminal Defense Attorney
If you are fingerprinted it is most likely the arrest and disposition of the charge will be maintained on the official FBI and state law enforcement records. It may show as "record expunged" or other description. Any check by law enforcement of your official records will show this to the requestor authorized to receive these records. Professional licensing checks for police, teachers. doctors, casino workers, DOT hazardous materials certifications and etc. do check these records.The general public may not be able to see theses records. Occasionally there are outcomes that cause the actual destruction of the arrest record at state and national databases but these are rare.
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Speeding / Traffic Ticket Lawyer
Your arrest record will always show in the National database, you would have to disclose it when applying for certain positions. It can also. Cause issues with your getting licensed .
ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
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Administrative Law Lawyer
The fact of the arrest and the Deferred Entry of Judgment will always be set forth on your CA Dept of Justice (Live Scan) record and your NCIC (FBI) record. What is regulated by the laws is the use that can be made of the events that are recorded there.
If you apply for law enforcement employment, you must affirmatively fully disclose, and the law enforcement entity can consider the arrest and DEJ.
If you apply for State licensing, you must affirmatively disclose, but the State licensing agency may not consider the arrest and DEJ in its decision. The State licensing agency can, however, consider the underlying facts and circumstances.
The FBI and other federal agencies will not give effect to state court orders and remedies that require the federal agency to delete matter from its data base.
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Criminal Defense Attorney
As everyone has already pointed out, the arrest is permanent, you must disclose for a law enforcement position, and they will find out easily by doing an appropriate background check. What's unclear to me is why you would want to be a cop. Cops are front line warriors in the insane war on drugs. Much of what they do consists of harrassing poor people - usually minorities - for non-violently possessing or selling illegal drugs. If you become a cop you will be consciously participating in America's prison industrial complex which incarcerates more people per capita than any nation on earth. This mass jailing has mostly occurred in the last 30 years, has disproportionately involved poor black and Hispanic males, and mainly relates to outlandish sentences for non-violent victimless drug crimes. Don't be a hypocrite and get a badge and gun and start arresting poor people for doing exactly what you did. Not to single you out; our last three presidents have used illegal narcotics without getting caught and then each out did their predecessor in increasing the budget and aggressiveness of the insane war on drugs. A fat pension is not worth selling your soul.
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