Legal Question in Criminal Law in California

California: I have a conviction for a single (1) count of 245 (a2) (assault w/ firearm) in 2003. Prior to accepting the plea deal, I was initially charged with two (2) counts of 245 (a2). In the midst of the pretrial process, the two (2) counts were thrown-out, and I was charged with two (2) counts of 187 (a) (attempt murder), instead. Before, trial, I was then offered and accepted a plea deal for one (1) count of 245 (a2). In its entirety, my case should have no more than two (2) (no less than 1) controlling cases simultaneously. So, my main issue is this: while attempting to gain employment, my background check provided information that contained accuracies and misleading information/formatting.

1) Report displays convicted, as well as, charged crimes (formatted in a manner that presents my background as having four (4) controlling cases, simultaneously, as opposed to two)

2) Omitted and mislabeled information (a single 187 (a) charge states "murder", while the other one states "attempted murder")

3) Inadequate/lack of proper explanations (vague and lacks interpretation)

4) Incorrect incarceration and parole dates

All in all, my background report (based off the county clerk's records), make my criminal history appear much severe than it already is. This situation is preventing me from retaining any sort of employment. How could I get my record corrected for inaccuracies, formatted properly (perhaps, get charged but dismissed cases removed), and have a description added to help with interpretation of the report (vagueness)? Please help.


Asked on 5/06/13, 2:46 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Your record sounds accurate to me. It should have 4 counts, not 4 "cases."

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Answered on 5/06/13, 3:22 pm
Terry A. Nelson Nelson & Lawless

I'm not sure from your description whether there is 'inaccuracy' in your record, but if you can actual prove there is and you want to try to correct it, you can hire counsel to file an appropriate motion and try to convince the judge to make appropriate changes.

You are not going to get your conviction record 'removed'. �Records are forever�, and adverse consequences on employment are simply the price you pay for the crime and conviction. However, some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending.

If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement will help in obtaining employment. When applying for a job in the PRIVATE sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 5/06/13, 6:01 pm


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