Legal Question in Criminal Law in California

Misdemeanor

Please help.

I received a misdemeanor when I was 19..it was a mistake. I am 30yrs old now and would like to have the misdemeanor either ''sealed'' or ''removed''. Question #1 = how long do misdemeanors stay on the record? Question #2, How far back do background agencies go when doing ''criminal background checks?'' I was told 7yrs. Question #3, IS it possible to get the misdemeanor removed or sealed? PLEASE HELP ME


Asked on 2/22/02, 3:36 am

2 Answers from Attorneys

David Diamond Diamond & Associates

Re: Misdemeanor

You should be able to have your misdemeanor expunged from your record and I can help you accomplish this if you would like. Please feel free to contact me to discuss in more detail. (310) 277-1707.

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Answered on 2/25/02, 8:08 pm
Victor Hobbs Victor E. Hobbs

Re: Misdemeanor

There is a way to have the misdemeanor removed. Check with the clerk in your court. See if the criminal clerk doesn't have a form that you can fill out and submit to the judge. (There's a penal code section that provides for this. One of the other attorneys answering your question will provide it. I've temporarily forgotten the code section. If no sites it. Then get back to me and I'll look it up again.) Normally employers don't concern themselves with misdemeanors. However, if they are somehow able to get access to the criminal records of the state they go all the way back to any offenses ever committed by you, and sometimes to anyone's record that has your name or one close to your name. There's a lot of garbage in those files.

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Answered on 2/22/02, 8:59 am


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