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What can I do to stop convictions from 10-11yrs ago, from showing on a background check?

San Jose, CA |

Turning a new leaf, want a better paying job and ultimately a better future. What can I do to stop my past from haunting me when looking for a job? Applications ask "have you ever been convicted of a felony", Whereas; others ask " in the last seven years have you been conctied of a felony".

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Attorney answers 4

Best Answer
Posted

You may be eligible for a dismissal under penal code section 1203.4 of your crimes.

There are some factors that must first be determined before anyone can state whether you qualify.

If you'd like more information or have any questions and would like a free consultation, please feel free to call me.

Elliot Zarabi
www.zarabilaw.com
213-613-7720

Asker

Posted

Thank you very much, your response is confirmation that someboby up ther likes me.

Posted

There isn't much you can do to prevent them from showing up on a background check, unless you were a minor at the time of the offense and these were juvenile court matters. You may be eligible for relief under Penal Code Section 1203.4 if you are not now on probation or parole and are not charged with any offense. You should consult with an attorney to review the facts of your conviction(s) and determine if you qualify for relief.

No attorney-client relationship is established between this lawyer and the originator of the question. This answer is provided for informational purposes only and is provided purely to assist the questioner in determining whether to consult with an attorney to obtain legal advice specific to their matter.

Posted

There is nothing that you can do to ever get the convictions off of your record, but there may be a couple things that you can do to be able to legally and truthfully answer that you have never been convicted of a felony and even that you have never been convicted of a crime. This will depend on what the offenses you were convicted of and what the sentence you served was, so more information is necessary in order to give you a more specific answer.

Asker

Posted

As a juvenile, Vandalism, Robbery, Assault on a custodial officer w/ intent to create GBI, violation of probation. As an adult: 3 DUI's ( Fines and school),Domestic Violence(Felony Probation 3yrs, completed) Petty Theft w/ priors(short county jail, informal probation, completed) Transporting methanphetimines across county lines(Very small amount for personal use, was making delivery for job) The last two offences were combined and I was sent to Delancey Street in San Francisco(graduated, and remained there of my own free will for an additional 5yrs. 7yrs total

David Jon Pullman

David Jon Pullman

Posted

Great. You should be able to get some relief on all of those. For the juvenile offenses, you can petition to have your record sealed. You do that by contacting juvenile probation or the juvenile court in your county and ask them the procedure. It sounds like you completed probation on each of your adult offenses, so you should be entitled to a dismissal in each of them pursuant to penal code 1203.4. Forms for that are available online. You will have to pay about $125 fee for each conviction you want dismissed. The law says that once they are dismissed, you can legally answer that you have never been convicted of a crime and that an employer can't hold those convictions against you, even though they will still appear on a background check. This is true as long as the job doesn't require state licensing. If it is a job that involves licensing, then you have to say yes, to those questions and they can use the convictions against you. You can do all these things with the help of an attorney (such as me) or, of your pretty good at taking care of things yourself, they are not that difficult for a non-lawyer to do. Feel free to contacted if you want a lawyer to take care of this for you.

David Jon Pullman

David Jon Pullman

Posted

Great. You should be able to get some relief on all of those. For the juvenile offenses, you can petition to have your record sealed. You do that by contacting juvenile probation or the juvenile court in your county and ask them the procedure. It sounds like you completed probation on each of your adult offenses, so you should be entitled to a dismissal in each of them pursuant to penal code 1203.4. Forms for that are available online. You will have to pay about $125 fee for each conviction you want dismissed. The law says that once they are dismissed, you can legally answer that you have never been convicted of a crime and that an employer can't hold those convictions against you, even though they will still appear on a background check. This is true as long as the job doesn't require state licensing. If it is a job that involves licensing, then you have to say yes, to those questions and they can use the convictions against you. You can do all these things with the help of an attorney (such as me) or, of your pretty good at taking care of things yourself, they are not that difficult for a non-lawyer to do. Feel free to contact me if you want a lawyer to take care of this for you.

David Jon Pullman

David Jon Pullman

Posted

Great. You should be able to get some relief on all of those. For the juvenile offenses, you can petition to have your record sealed. You do that by contacting juvenile probation or the juvenile court in your county and ask them the procedure. It sounds like you completed probation on each of your adult offenses, so you should be entitled to a dismissal in each of them pursuant to penal code 1203.4. Forms for that are available online. You will have to pay about $125 fee for each conviction you want dismissed. The law says that once they are dismissed, you can legally answer that you have never been convicted of a crime and that an employer can't hold those convictions against you, even though they will still appear on a background check. This is true as long as the job doesn't require state licensing. If it is a job that involves licensing, then you have to say yes, to those questions and they can use the convictions against you. You can do all these things with the help of an attorney (such as me) or, of your pretty good at taking care of things yourself, they are not that difficult for a non-lawyer to do. Feel free to contact me if you want a lawyer to take care of this for you.

David Jon Pullman

David Jon Pullman

Posted

Great. You should be able to get some relief on all of those. For the juvenile offenses, you can petition to have your record sealed. You do that by contacting juvenile probation or the juvenile court in your county and ask them the procedure. It sounds like you completed probation on each of your adult offenses, so you should be entitled to a dismissal in each of them pursuant to penal code 1203.4. Forms for that are available online. You will have to pay about $125 fee for each conviction you want dismissed. The law says that once they are dismissed, you can legally answer that you have never been convicted of a crime and that an employer can't hold those convictions against you, even though they will still appear on a background check. This is true as long as the job doesn't require state licensing. If it is a job that involves licensing, then you have to say yes, to those questions and they can use the convictions against you. You can do all these things with the help of an attorney (such as me) or, of your pretty good at taking care of things yourself, they are not that difficult for a non-lawyer to do. Feel free to contact me if you want a lawyer to take care of this for you.

David Jon Pullman

David Jon Pullman

Posted

Great. You should be able to get some relief on all of those. For the juvenile offenses, you can petition to have your record sealed. You do that by contacting juvenile probation or the juvenile court in your county and ask them the procedure. It sounds like you completed probation on each of your adult offenses, so you should be entitled to a dismissal in each of them pursuant to penal code 1203.4. Forms for that are available online. You will have to pay about $125 fee for each conviction you want dismissed. The law says that once they are dismissed, you can legally answer that you have never been convicted of a crime and that an employer can't hold those convictions against you, even though they will still appear on a background check. This is true as long as the job doesn't require state licensing. If it is a job that involves licensing, then you have to say yes, to those questions and they can use the convictions against you. You can do all these things with the help of an attorney (such as me) or, of your pretty good at taking care of things yourself, they are not that difficult for a non-lawyer to do. Feel free to contact me if you want a lawyer to take care of this for you.

David Jon Pullman

David Jon Pullman

Posted

Great. You should be able to get some relief on all of those. For the juvenile offenses, you can petition to have your record sealed. You do that by contacting juvenile probation or the juvenile court in your county and ask them the procedure. It sounds like you completed probation on each of your adult offenses, so you should be entitled to a dismissal in each of them pursuant to penal code 1203.4. Forms for that are available online. You will have to pay about $125 fee for each conviction you want dismissed. The law says that once they are dismissed, you can legally answer that you have never been convicted of a crime and that an employer can't hold those convictions against you, even though they will still appear on a background check. This is true as long as the job doesn't require state licensing. If it is a job that involves licensing, then you have to say yes, to those questions and they can use the convictions against you. You can do all these things with the help of an attorney (such as me) or, of your pretty good at taking care of things yourself, they are not that difficult for a non-lawyer to do. Feel free to contact me if you want a lawyer to take care of this for you.

David Jon Pullman

David Jon Pullman

Posted

Great. You should be able to get some relief on all of those. For the juvenile offenses, you can petition to have your record sealed. You do that by contacting juvenile probation or the juvenile court in your county and ask them the procedure. It sounds like you completed probation on each of your adult offenses, so you should be entitled to a dismissal in each of them pursuant to penal code 1203.4. Forms for that are available online. You will have to pay about $125 fee for each conviction you want dismissed. The law says that once they are dismissed, you can legally answer that you have never been convicted of a crime and that an employer can't hold those convictions against you, even though they will still appear on a background check. This is true as long as the job doesn't require state licensing. If it is a job that involves licensing, then you have to say yes, to those questions and they can use the convictions against you. You can do all these things with the help of an attorney (such as me) or, of your pretty good at taking care of things yourself, they are not that difficult for a non-lawyer to do. Feel free to contact me if you want a lawyer to take care of this for you.

David Jon Pullman

David Jon Pullman

Posted

Great. You should be able to get some relief on all of those. For the juvenile offenses, you can petition to have your record sealed. You do that by contacting juvenile probation or the juvenile court in your county and ask them the procedure. It sounds like you completed probation on each of your adult offenses, so you should be entitled to a dismissal in each of them pursuant to penal code 1203.4. Forms for that are available online. You will have to pay about $125 fee for each conviction you want dismissed. The law says that once they are dismissed, you can legally answer that you have never been convicted of a crime and that an employer can't hold those convictions against you, even though they will still appear on a background check. This is true as long as the job doesn't require state licensing. If it is a job that involves licensing, then you have to say yes, to those questions and they can use the convictions against you. You can do all these things with the help of an attorney (such as me) or, of your pretty good at taking care of things yourself, they are not that difficult for a non-lawyer to do. Feel free to contact me if you want a lawyer to take care of this for you.

David Jon Pullman

David Jon Pullman

Posted

Great. You should be able to get some relief on all of those. For the juvenile offenses, you can petition to have your record sealed. You do that by contacting juvenile probation or the juvenile court in your county and ask them the procedure. It sounds like you completed probation on each of your adult offenses, so you should be entitled to a dismissal in each of them pursuant to penal code 1203.4. Forms for that are available online. You will have to pay about $125 fee for each conviction you want dismissed. The law says that once they are dismissed, you can legally answer that you have never been convicted of a crime and that an employer can't hold those convictions against you, even though they will still appear on a background check. This is true as long as the job doesn't require state licensing. If it is a job that involves licensing, then you have to say yes, to those questions and they can use the convictions against you. You can do all these things with the help of an attorney (such as me) or, of your pretty good at taking care of things yourself, they are not that difficult for a non-lawyer to do. Feel free to contact me if you want a lawyer to take care of this for you.

David Jon Pullman

David Jon Pullman

Posted

Great. You should be able to get some relief on all of those. For the juvenile offenses, you can petition to have your record sealed. You do that by contacting juvenile probation or the juvenile court in your county and ask them the procedure. It sounds like you completed probation on each of your adult offenses, so you should be entitled to a dismissal in each of them pursuant to penal code 1203.4. Forms for that are available online. You will have to pay about $125 fee for each conviction you want dismissed. The law says that once they are dismissed, you can legally answer that you have never been convicted of a crime and that an employer can't hold those convictions against you, even though they will still appear on a background check. This is true as long as the job doesn't require state licensing. If it is a job that involves licensing, then you have to say yes, to those questions and they can use the convictions against you. You can do all these things with the help of an attorney (such as me) or, of your pretty good at taking care of things yourself, they are not that difficult for a non-lawyer to do. Feel free to contact me if you want a lawyer to take care of this for you.

David Jon Pullman

David Jon Pullman

Posted

Sorry about all the repeats. Silly iPhone.

Asker

Posted

Thank you very much for your advise. This comes at a very important time in my life and is all very encouraging.

Posted

The other attorney's wrote a pretty straightforward answer. The arrest cannot be removed, because you entered into a plea or were convicted of the offense. PC Section 1203.4 is the only way to expunge the plea or conviction. While everything remains part of the public record, it is unlawful for an employer to deny you employment for this alone. After you get a 1203.4 (a) as you were on some form of probation no A if you were not) the guilty plea is withdrawn and the complaint is set aside. Even a Governor's pardon would still show as part of your criminal history. A 1203.4 essentially is a rehabilitation step. You still have to disclose to any peace office position or if you work or are part of the lottery system. Good luck!

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