Legal Question in Education Law in California

Enrollment Advisor lied

I recently received a BA in English with the intention to teach from an expensive local university.

Prior to starting the program, I repeatedly asked if my felony conviction would interfere with getting a credential even though it had been dropped to a misdemeanor and expunged. The advisor told me it would not be a problem, but I just read that my conviction is an automatic denial with no recourse. I now have a degree I can't use. I am also enrolled in a class that I have to drop and I lose half the cost of the class.

Do I have any recourse against the university since it was their enrollment/credential advisor who advised me incorrectly? There is no written record of our conversation.


Asked on 6/09/07, 12:52 am

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Enrollment Advisor lied

Hello:

You do not have a suit against the advisor. You asked for a legal opinion from someone that you should have known was incapable of providing a legal opinion with no known expertise.

What is more bothersome is that your "conviction" as a felony, that was "dropped" to a misdemeanor and then expunged IS NOT A FELONY under California law. With a dismissal, you should have gotten no reference to the matter from the DOJ as an expungement is no longer a crime.

You need to be helped by counsel that is knowledgable about these issues.

Further, the exact circumstances of the conviction and copies of all relevant papers are necessary to render a more formal opinion on your behalf.

Regards,

Mark Geyer

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Answered on 6/12/07, 2:54 pm


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