Criminal Records, Expungement Plz. someone help me!!!!!!!!!!!!!

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jess07

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I thank you so much for looking at my case.

About 10yrs. ago, I stole a $10.00 wroth merchandise and got arrested.
I was so stupid...
Anyhow, I found out that I can now Expunge this case by sealing
So I was trying to Expunge this through a Laywer.
But he said because my case was so small amount it can only be "Infraction" meaning like a Traffic Ticket.
So I can not Expunge now.
After my laywer told me that where ever I apply Job he said I can say "No" on Discr. section on application.
And Now I got a great Job offer from a Bank and they are requiring me to do
"Finger Print" I had asked my lawyer if this is not a prob. with bank.
He said "it should be ok", i really hate the sound of "Should"......

Can anyone help me if this is really ok?

I am so afraid if this "Infraction". I don't know what exactly this is.
Will this show on my back ground when I do finger Printing?
And if it does, will it also describe that my infraction is about?
Will bank be ok with this???

I am so scared. I can't sleep, eat, focus on anything now.

I am even thinking to turn this offer down because I am so afraid.

Please help me.

Please.

I am standing by my computer.


Thanks again.
 
Not legal advice:

Expungement and sealing are two different things. The shyster might actually be right. Did he say if you could seal it? I would think you could.

Are you sure it is still on your record? Have your lawyer run a background check and see if it turns up.

I would really look into sealing this info, that would help you.

I wouldn't worry about it very much for now. I doubt that would show up in a background check. Maybe it will.

The FBI expunges it's records after ten years. Thats kinda nice of um.

What state is this?
 
Hi,
Scooterdog !!!!!! Thanks so much for replying.... !!!!

I am in CA, and yes, my laywer checked my back ground and it did show.
He sent me a copy and it showed as Misdemeanor ...
He said he can not seal it anymore because my case had changed to "infraction".

....................
 
Sealing conviction INformation : Pen. Code 1203.45

I don't see expungement for convictions.

If it is an infraction, you should be fine. Employers are looking more for felonies, poor driving record(DUI's), things like that.

Here is a Cal. site, that tell you everything you need to know, good luck:

http://www.sealarrestrecords.com/sealrecords.htm

Wow, those are auto gen. forms. Thats cool. All you do is type in the info and it makes the form for you.
 
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Jess07, you seem confused about your state's law.........You might want to contact cdwJava on this forum. He has a wealth of experience in Californian law. Scooterdog, don't be fooled by the FBI......this guys don't expunge. They keep everything and don't release expunged info but have it for national security needs............
 
A record is never "trully expunged". They don't set them on fire in the court yard. I realize the records will be somewhere, but, this is all we have.

What it does do, is protects you from the public, and, in some cases, gives you your civil rights back(right to own a firearm).

This is why you can say "it never happened". The state still has the info, as prob. would the police, but as far as the general public/empoyers are concerned, if it was expunged, it never happened.

In some cases, if properly expunged, they cannot use that info for sentence enhancement. This veries from state to state, and crime to crime.
 
You are right.....Your last post is spot on but not what I was trying to explain....I know all that……at least I am not a rookie at this. I was addressing your previous statement that the FBI expunges records.......What I was trying to explain is to shed light to the common person with no in-depth knowledge of expunction law who feels the FBI actually destroys records........like some states did in the past by returning even fingerprints film or mailing you back the records….back in the day…. I was simply trying to bring light to what really happens when your record is expunged..........The FBI would not even expunge it's records without an expunction order which is a voluntary compliance major by them….they are not under state's law. The records don't just get expunged on their own in ten years as you stated......that is a myth. I beg to differ and rest my case for good.
 
so who actually be able to read the expunged record? I know the normal companies, schools, colleges and universities can not. I know agencies might... what else I am missing
can a foreign country ask about the expunged record? will US just hang the file to them?

Scooterdog, do you know all these answer?
 
This link (from the California state courts) should answer most your questions about expungements and who can see them later on:

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

As for what could be turned over to a foreign government, that is outside the normal realm of activity, but I suspect that anything that is not on your state or federal criminal history would not be turned over to a foreign government without proper court orders.

- Carl
 
jess07 said:
After my laywer told me that where ever I apply Job he said I can say "No" on Discr. section on application.
Click to expand...
Employers can ask about convictions, they cannot ask about arrests. Generally they are very specific about revealing convictions for misdemeanors or felonies ... I have yet to ever hear about an employer asking about infraction convictions.

And Now I got a great Job offer from a Bank and they are requiring me to do
"Finger Print" I had asked my lawyer if this is not a prob. with bank.
Click to expand...
You can check you state criminal history by following this information:

http://ag.ca.gov/fingerprints/security.php

And you can check this site for info on how to check your FBI record:

http://www.fbi.gov/hq/cjisd/fprequest.htm

- Carl
 
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