Legal Question in Criminal Law in California

In 2007 I was arrested for public intoxication. I had a LiveScan done on myself and on it, it says:

"647(F) PC-disorderly conduct:intox drug/alcoh

DISPO: 849(B)(2) PC-released/intoxication only"

I am applying to jobs. In the Background Disclosure section of the applications, am I supposed to check "Yes" for the question: "Have you ever been arrested or convicted of any felony or misdemeanor offense in California...including entering a plea of nolo contendere or any conviction which has been sealed or expunged under Penal Code Section 1203.4?"? Also, is it possible to get this incident removed from my record?


Asked on 1/28/12, 9:54 pm

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

You may answer the question, "no." You have been detained but you have not been arrested or convicted. It is unlikely that you can get the record wiped clean. Theoretically you can apply for a finding of factual innocence. But even that does not wipe it clean and there is a two year statue of limitations.

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Answered on 1/29/12, 12:24 am


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