Legal Question in Civil Rights Law in California

How to sponge your record from the past so if anything ever happen to my grandkids with child protective services I can get them from there.My last C.P.S was when my son was 16yrs old now 25 reported I made him do to much at home. But before that I had problems with drugs and C.P.S got involved.


Asked on 4/07/10, 8:22 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Many convictions can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. Private parties are not supposed to be able to access the records, but like all rules, there are ways around it. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

Read more
Answered on 4/12/10, 8:47 pm


Related Questions & Answers

More Civil Rights Law questions and answers in California