If you do a blind plea with the understanding that after successfully completing probation your charges will be diverted does th

Asked over 2 years ago - Orange, CA

She was charged with possession of CDS. First offence and completed the probation without any problems. She was told by her Lawyer that it would be off her record. This was over twenty years ago. But recently she tried to get an apartment and the charges showed up on a background search. The report reads as follows; "guilty plea/probation/dismissed."

Attorney answers (4)

  1. John M. Kaman

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    Contributor Level 20

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    Answered . Her record reflects what actually happened. There is not much you can do about it unless this was intended by the court to be a form of diversion. Proving that will be difficult after 20 years and even if it was the arrest would still show. She might try a 1203.4 petition to have the charge dismissed which some regard as evidence of rehabilitation but it will not erase the arrest and conviction from her record.

  2. Tai Christopher Bogan

    Pro

    Contributor Level 18

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    Answered . There may be a problem with her criminal record. I don't know what she bargained for so I couldn't tell you. Someone would have to pull the old case and get the transcript of the plea. The plea transcript should be in the file even 20 years ago.

    An attorney could review that and determine if the rap sheet is a proper reflection of the bargain. If it is not then the attorney can go to the court to either fix the court record - if the court record is mistaken. The attorney could also speak to the DOJ about the contents of the rap and report any mistakes - if the DOJ is reporting the person wrong.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  3. Harry Edward Hudson Jr

    Contributor Level 20

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    Answered . May also seek a certificate of rehabilitation. Though I do not know that this will ultimately solve the problem.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  4. Charles Kevin Stoddard

    Contributor Level 8

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    Answered . If it was true diversion, there would not have been any probation. the terms you are using making the answer somewhat unclear. What got my attention was your statement that the report reads, "guilty plea/probation/dismissed." That sounds like she was convicted and placed on probation, successfully completed probation, and then filed a 1203.4 expungement that was granted, dismissing the case AT THAT POINT. It is still on her record. The expungement is simply a notation in the court filed that a dismissal was granted after the guilty plea and successful completion of probation. Expungement is NOT diversion, nor is it a "magic eraser." It just shows she took care of her business successfully. As for a "blind plea," I have no clue what that is. It sounds like you are confusing diversion with expungement.

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