Alcohol & Drugs: MIP, MIC, Intoxication Deferred Entry of Judgment Dismissal

[blueeyedgirl]

In 2004 I was arrested for possession of a controlled substance. I had never been in trouble before and was sent to drug diversion classes. I successfully completed the program and after going back to court was told that the case was dismissed. I was never on any type of probation and have not been in trouble since.

I have several questions...

1. Since the case was dismissed I am required to mark that I had a felony on job applications?
2. Does the felony show up on background checks done by potential employers?
3. I am allowed to vote?
4. Can I legally own a firearm?
5. If the answers to questions 2,3 and 4 are no. Will this felony ever completely go away? Is there a way to make it go away?

Thank you advance for your help.

 

[CdwJava]

What state were you arrested in, and what code sections were you convicted under? Very often, the restrictions will be based upon the code section(s) you were charged under.

If you have any paperwork, does it list a code section under which the charges were dismissed?

- Carl

 

[blueeyedgirl]

I was arrested in California on a felony charge of 11377(a). On the minute order from my last hearing it states the following:

Court finds defendant successfully completed Drug Program pursuant to Penal Code 1000. Plea order withdrawn, judgement vacated and count(s) 1 dismissed.

Hope this helps...

 

[CdwJava]

Per PC 1000.4:

1000.4. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases deferred pursuant to this
chapter. Upon successful completion of a deferred entry of judgment
program, the arrest upon which the judgment was deferred shall be
deemed to have never occurred. The defendant may indicate in
response to any question concerning his or her prior criminal record
that he or she was not arrested or granted deferred entry of judgment
for the offense, except as specified in subdivision (b). A record
pertaining to an arrest resulting in successful completion of a
deferred entry of judgment program shall not, without the defendant'
s consent, be used in any way that could result in the denial of any
employment, benefit, license, or certificate.
(b) The defendant shall be advised that, regardless of his or her
successful completion of the deferred entry of judgment program, the
arrest upon which the judgment was deferred may be disclosed by the
Department of Justice in response to any peace officer application
request and that, notwithstanding subdivision (a), this section does
not relieve him or her of the obligation to disclose the arrest in
response to any direct question contained in any questionnaire or
application for a position as a peace officer, as defined in Section
830.​

You should probably check with an attorney to double check as there are numerous codes and sections that cover this (and I may be missing something) but I believe you CAN vote, and you CAN own a firearm as you would not have been CONVICTED of a felony.

A potential employer might find it if he checks local court records, but most private employers do NOT have access to state criminal offender records - they are private in CA. But, by law, he cannot hold a non-conviction against you ... well, in theory ... in practice he can always not hire you anyway.

- Carl

 

[blueeyedgirl]

Thank you Carl, I appreciate your time and your help. I had found the same information on-line but wasn't sure if there was more to it. I will double check with an attorney to be on the safe side.