Legal Question in Criminal Law in California

Please help me....I was set up to take the conviction for something my roommate did to me. He used my identity to make illegal purchases using other peoples credit info, he sent these items to my house in my name, used my computer to do it. every thing pointed to me and when they came to arrest me he disappeared. I had no money for lawyers and tried to explain that i had no idea what it was all about that i never did those things, but they wanted to make an arrest and everything again pointed to me. I did my time and now have a conviction on my record, I am in the process of getting a good job but once they run my background ck all bets could be off. Please give me a suggestion as to how i can approach my perspective employer so they understand what happened to me

Asked on 7/26/13, 5:14 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Few people would believe your story unless you have solid proof to back it up -- and perhaps not even then. Most people who find out about your conviction will believe you're a thief. Those who then hear your explanation will likely also believe you're a liar.

If you can prove your story, you may be able to persuade the court where you were convicted to find that you're actually innocent. That's very hard to do. You might also be able to get a pardon, but that is also difficult.

I'm sorry I can't be more encouraging.

Read more
Answered on 7/26/13, 7:27 pm

Terry A. Nelson Nelson & Lawless

Telling a story that 'it wasn't me even though I confessed or was convicted' has no credibility. Don't bother.

‘Records are forever’. However, some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting 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If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT ‘clear’, 'remove', ‘erase’ or ‘disappear’ the conviction. Nothing will. ‘Records are forever’. Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement does not restore firearm rights lost because of felony conviction or restraining orders. That record is accessible in background checks. Expungement will help in obtaining employment. When applying for a job in the PRIVATE sector, in response to any question concerning your prior criminal record, you may ‘legally’ deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. The licensing agency and employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

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

Read more
Answered on 7/26/13, 10:28 pm

Related Questions & Answers

More Criminal Law questions and answers in California