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Hunted by the past!!! Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by mstacyi, Dec 14, 2007.

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  1. mstacyi

    mstacyi Law Topic Starter New Member

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    Hello, my case happen in 2002 in California when i was 19 years old. I was working in retail when I stole form the place. total was $550 I think. When I was caught the store told me to repay and turn myself in to the police. I never did, til 2005 when I was turn down for a job in a hospital due to a back ground check.

    After that incident I repay the store and all fees before scheduling my court date. My public defender told me that my case can be dismiss because the store never came after me even after 3 years after the crime. he also said that because I have been working, active address, go to school, therefore, I was not hiding from the law. Its the store whom never sent the police to get me so therefore if I plea "no contest" i can pay the fees, get probation for 1 year, attend petty theft class, and do community service 40 hours.

    In court i have ask for if my crime can be remove or disappear from my record, and the public defender say yes, that we can ask the judge for that.

    After that I did my time and fees. my case was dismiss and I was only on probation for 6 months instead of 1 year.

    My questions is:

    1) if my case was dismiss. does that mean it is off my records (when employer do back ground checks) so that no one cannot bring it up again?

    2) if not then can I get it expundge? if so then is there a waiting period? (since the crime happen in 2002, but I didn't go to court till 2005) and Where can I start about getting this case expundge?

    3) Do I have to mention about this case when applying for a job, if it is dismiss?

    4) do employer have a right to know all the details about this case?

    5) because I was fired from this job I did not put it on my resume. Can employer find out about this job from doing a background check on me?

    OK, this is all the questions I have for now, there is more, but they come after i get these answers. sorry for making my life a story. BUT please please please help me.

    thank you so much.
     
    Last edited: Dec 14, 2007
  2. Scooterdog

    Scooterdog New Member

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    Are you positive you know what "Dismiss" means?

    dismissal
    n. 1) the act of voluntarily terminating a criminal prosecution or a lawsuit or one of its causes of action by one of the parties. 2) a judge's ruling that a lawsuit or criminal charge is terminated. 3) an appeals court's act of dismissing an appeal, letting the lower court decision stand. 4) the act of a plaintiff dismissing a lawsuit upon settling the case. Such a dismissal may be dismissal with prejudice, meaning it can never be filed again, or dismissal without prejudice, leaving open the possibility of bringing the suit again if the defendant does not follow through on the terms of the settlement.

    So how did you get probation when there was a dismissal? :dunno:
     
  3. Scooterdog

    Scooterdog New Member

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    Dismissals

    If you were convicted of a misdemeanor or a felony and were not sentenced to state prison or under the authority of the California Department of Corrections you can petition for a dismissal. This means you were given county jail time, probation, a fine, or a combination of those three. If you are petitioning for a dismissal, the court upon proper motion, may withdraw your guilty or nolo contendere (no contest) plea, or verdict of guilt if you went to trial, and enter a not guilty plea. Then the court will set aside and dismiss the conviction. From that point forward, you are considered no longer convicted of the offense. Your record will be changed to show a dismissal rather than a conviction.

    If you were given probation, you have either completed it or obtained early release. If you violated your probation and it was either reinstated or revoked, then the court has discretion whether or not to grant you a dismissal.
    If you were not given probation, it has been at least one year since the date of conviction.
    You have paid all fines, restitution and reimbursement ordered by the court as part of your sentence.
    You are not currently under arraignment for a new criminal offense (charges pending), nor are you on probation for another offense.


    Here is the form you need:

    http://www.courtinfo.ca.gov/forms/fillable/cr180.pdf
     
  4. mstacyi

    mstacyi Law Topic Starter New Member

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    re: hunted by the past

    i think that my case is dismiss because my on my "minute order and commitment" form it says under motion :"granted PEO, case dism. and deft. mtn w/draw plea."

    I don't what all this means. the only thing that i can make out of this is the "case dism" however, "granted PEO and deft. mtn w/draw plea" I am clueless about it.

    So from this can you tell me what it means?

    Because I am telling employers that I have convicted a crime and have a misdemeanor on my record. And after that no hospitals wants to call me back for an interview.

    This is really affecting me because I just wanted to be honest to my employers but obviously it is not helping. That is why I have decided to look into this and try to take care of the matter ASAP.

    thank you so much.
     
  5. Scooterdog

    Scooterdog New Member

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    Then fill out that form, and file it. If, your case was "dismissed" by Cal. law. That should sovle the problem
     
  6. mstacyi

    mstacyi Law Topic Starter New Member

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    re: hunted by the past

    So if it is dismiss then i could answer no when applying for a job. right?

    So what if an employer do a background check and it came up dismiss, do i have to explain myself?
     
  7. Scooterdog

    Scooterdog New Member

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  8. mstacyi

    mstacyi Law Topic Starter New Member

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    re: hunted by the past

    i have already look at the form. But first i think I am gonna go to the court house and try to get a record or an report from the Department of Justice and Community. I just want to make sure exactly what it says and I will let you know what it says on it.

    In the mean time the form that you ask me look at, who and where can i take it to?

    And also I have found a site: http://www.convictionfree.com/newexp2/expungement_benefits.htm

    this site seems to be very helpful and offer to a reasonable price to help anyone whom wishes to have their case expunge if it is possible to do so.

    but my question is have you heard of this site before?[/B
     
  9. Scooterdog

    Scooterdog New Member

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  10. mstacyi

    mstacyi Law Topic Starter New Member

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    re: hunter by the past

    really, i thought that it ws cheap beacuse i have read other threads in here and some had says that it should be around 1000.00.

    oh well, i have good news.

    I went to the court house and i got my report. which is what I had all along "minute order and commitment" I had to make sure that it was not the same form, but it was.

    I also had the opportunity to talk to my public defender and she said that my casae was dismiss and i should be able to answer no on job applications, but for state certifications i will have to explain myself and provide a report that it was dismiss. So i have that taken care of already.

    Boy, I am so glad that this is all over with.. I have also show her the form that you suggest I fill out, and she say that it was not need.

    So I wanted to thank you so much for guideing me through this. I have never told anyone before because I was so ashame of myself.

    You and all of the members of this site is the first I have told of my crime to except for the judge and my defender.

    i am so glad that i have found this site. it is really helpful and espically you have help me alot already.

    I do have other questions, but it is about my last employer. the questions is posted under career and jobs. If you get a chance look at it and see if you can sugguest anything.

    althought it is about tribal laws.

    but agian, I wanted to thank you and thelaw.com.

    stacyi
     
  11. Scooterdog

    Scooterdog New Member

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    Last edited: Dec 15, 2007
  12. mstacyi

    mstacyi Law Topic Starter New Member

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    re: hunter by the past

    thanks. i will look into it.
     

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