Legal Question in Criminal Law in California

I have a 4 year old misdemeanor for calling my ex-boyfriend too many times and he got angry and turned me into the DA. I didn't say anything wrong but was advised to just take a 3 month class and it would go away. How long does this stay on my record and what do prospective employers see when they do a background check? I've been getting turned down quite a bit because of this. How do I get rid of this?


Asked on 3/14/12, 8:55 pm

4 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

Sounds like you were charged with,"annoying phone calls", a 653m of the penal code (I'm at home and I could be wrong about the code number). We live in the computer age, so that charge will always be on your record. You should attempt to get a certificate of rehabilitation. That will make your record look a lot better. We have done several of these. If you have any further questions, call me. ................. David Wallin

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Answered on 3/14/12, 9:10 pm
Terry A. Nelson Nelson & Lawless

Records are 'forever'. Whatever is there, stays there. If you were convicted of anything, by plea bargain or trial, that is what will show.

Background checks will see the criminal records. However, while the general rule is �Records are forever�, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the 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 If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for licensing by any state or local agency, for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.

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 3/15/12, 11:49 am
Anthony Roach Law Office of Anthony A. Roach

I think Mr. Nelson has been copying and pasting a "canned" answer. A misdemeanor is not a "strike." If your probation has ended, you can have the conviction expunged as long as you are not on probation for any other matters. That helps with private employers, because it allows you to answer "no" when asked if you have been convicted of a crime.

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Answered on 3/15/12, 5:19 pm


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