Legal Question in Civil Rights Law in California

How might I try to have issues removed from the records with the California Teacher Credentialing, witch were at the Department Of Justice level ? I cannot return to my education field with these character references.


Asked on 4/21/10, 6:14 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If you mean removing some notation from your file, that is likely not possible unless you can compelling show it is false. You would make a written demand for correction, providing all the evidence you have to show falsity.

If you mean you have criminal convictions on your record:

Many felony and misdemeanor convictions [not infractions] 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 4/26/10, 11:55 am


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