Legal Question in Criminal Law in California

About two years ago I got arrested and charged for battery, in Chino, California, and I had no idea what to do when I got to court. I knew I was innocent, since I was the caller, plus there were no charges pressed from both parties. It was a choice by the police that someone had to go to jail, so I went, as I, was the "man". The public defender said that the DA knew the case was BS (his words), so they said that they were going to drop the charges and fine me a hundred bucks for disturbing the peace, if I plead no contest. He told me that It would only show up on a really deep background check, as just a fine, "like jaywalking" (his words), so I took the plea. I go to find out that is not the case, as it shows up when I get fingerprinted for work.

My question is, do I have a case? Can I appeal? Is there anything I can do? As I have always been a good person with a clean record, and I feel like I'm being punished for something I did not do. Thank you very much for your time.


Asked on 4/09/10, 10:19 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

A case for what? You not doing your own due diligence or understanding what he meant? You can't claim you didn't know you would have a record; you pled guilty to a crime. Everyone knows records are forever. Every conviction is permanently on your record / rap sheet, forever.

Theoretically, you might be able to sue for 'malpractice' I suppose, if the statute of limitations has not run out from the date of your 'discovery'. However, it is not a case I would take your money to pursue.

However, there are things you can do. Many convictions 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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. The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. Private parties are not supposed to be able to access the records, but like all rules, there are ways around it. 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 4/15/10, 11:51 am


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