Los Angeles Criminal Defense Lawyer Blog

With California's unemployment rate approaching 12%, jobs are hard to find these days. A criminal record drastically reduces your chances of being hired and limits your employment opportunities. Many employers will not hire people with a criminal record. People with a criminal conviction are not eligible to obtain a professional license, meaning they cannot work as a realtor, stock broker, doctor, lawyer or in certain other professions that require a state license. Oftentimes a misdemeanor conviction or a youthful indiscretion can create a considerable stumbling block to getting a job. Many employers simply throw out applications in which the answer to the question "Have you ever been convicted of a crime?" is answered "Yes." Expungement can allow you to clear the slate and truthfully answer that question "No."

"In California, an expungement is a legal process by which a criminal conviction is dismissed," said criminal defense attorney Stephen Rodriguez. "A guilty plea, no contest plea or a finding of guilt by a judge or jury is set aside and the case is dismissed." An expungement "does not seal or destroy your criminal records," the expert Los Angeles lawyer explained. "The arrest, prosecution and conviction records remain in the file, but a notation is placed in the file that the conviction has been dismissed." Instead of a guilty verdict, your file shows a not guilty plea and dismissal of the case by the court.

There are certain exceptions, of course, and expunging a record does not exempt it from counting against you as a prior conviction under California's Three Strikes Law or in DUI cases. But expunging your record does remove the social stigma of criminal conviction and gives you an advantage when applying for a job. Contact Los Angeles expungement attorney Stephen Rodriguez for a personal consultation and to find out more about expungement.

My niece will turn 18 soon and her parents are looking at having her juvenile record expunged. Like many teens, she ran into a little trouble with the law a couple of years back. When she started at a new high school she began hanging with a new group of kids who were more interested in raiding dad's liquor cabinet and smoking weed than they were in studying. She got picked up for possession once and got busted for intoxication when neighbors called the cops about a teen party. Fortunately, she's cleaned up her act. She's been straight and sober for two years, has a new group of friends, and is a regular on the honor roll these days. But that juvenile record still bothers her -- and her parents.

"A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, voting, obtaining certain licenses (nursing, realtor, medical and other professional licenses), running for political positions, and other benefits of society we take for granted," warns expert Los Angeles criminal defense attorney Stephen Rodriguez.

Worried that a background check or Internet search might reveal their daughter's past indiscretions, my niece's parents have contacted an attorney to see if her record can be expunged. My niece has been accepted to college and has her whole life ahead of her. She's worked hard to put her past behind her and her parents don't want some ill-willed future "friend" or over-diligent personnel manager digging up the past and creating a problem. Expunging their daughter's record will remove her convictions from the public record.

"Expunging the criminal record dismisses and sets aside your felony and/or misdemeanor conviction from the public record," explains criminal defense attorney Rodriguez.

When your record has been expunged, you can lawfully answer "no" to questions on forms asking whether you've ever been convicted of a crime. (You must, however, report your conviction and expungement on official government forms.) Expungement allows you to hold your head high with confidence and compete equally in society. When your record has been expunged, you don't have to worry that someone will find out about your past indiscretions. You can seek employment and housing and obtain credit without having to report a criminal conviction. Expungement wipes away the past and lets you focus on the future.

Not all records can be expunged. If you or your teen has a criminal record that you would like to have expunged, the expert criminal defense attorneys at Stephen G. Rodriquez & Associates can review the case and advise you about your options.

-Legal Pro

Criminal charges usually carry more than just jail time; they carry consequences that far outlive jail time. This makes the possibility of the expungement of past offenses an important step for many people. For example, California regulators have announced emergency measures to investigate the criminal backgrounds of all registered nurses in the state, days after it was reported that dozens of nurses had kept their licenses for years despite multiple convictions.

Effective immediately, the state nursing board will ask all nurses renewing their licenses whether they have been convicted of any crimes in recent years. Dozens of registered nurses convicted of crimes, including sex offenses and attempted murder, have remained fully licensed to practice in California for years before the state nursing board acted against them. If these offenses had been expunged earlier, there is a possibility that these offenses wouldn't be involved in this process at all.

The criminal convictions include 183 DUI/reckless driving convictions, 96 drug and alcohol offenses, 94 burglary and theft convictions, 47 motor vehicle offenses (i.e. driving with a suspended license), 43 assault and battery convictions and 94 other offenses.

Among the cases in which the board acted belatedly or not at all:

* An Orange County man continued to renew his nursing license for years even after he was imprisoned for attempted murder.

* A Redding nurse was convicted 14 separate times from 1996 -- a year after she was licensed -- through 2006 on charges including several instances of driving under the influence, driving with a suspended license and drug possession.

* A San Pedro man amassed convictions for receiving stolen property, as well as possession of cocaine and burglary tools, before the board placed him on probation. He subsequently was arrested two more times, for possessing cocaine and a pipe to smoke it.

One of the many skills of an experienced criminal defense attorney is the ability to assist defendants in helping seal juvenile records, sealing California criminal arrest records and expungements.

In California, an Expungement is a legal process by which a criminal conviction is dismissed. A guilty plea, "no contest" plea or a finding of guilt by a judge or jury is set aside and the case is dismissed. An expungement relieves the defendant of certain penalties and disabilities that result from a criminal action. The arrest, prosecution and conviction records remain in the file and a notation is placed in the file that the conviction has been dismissed. The notation in the court file, the California Department of Justice and the FBI files reflect that a plea of not guilty has been entered and the case ordered to be dismissed by the court. As is commonly believed, an expungement does not seal or destroy your criminal records.

If you have been arrested or committed a juvenile crime (a crime committed by persons under the age of 18), you will have a juvenile record. As a minor you can seal both arrests and convictions. When juvenile records are sealed, the record of arrest, detention, prosecution, and conviction are physically sealed and/or destroyed. Sealing your juvenile record will allow you to move into adulthood with a 'clean slate'.

Sealing an adult criminal record can only be done when an arrest is made without a conviction and you can prove you are factually innocent of the charges.

You can seal your arrest record if you were arrested as an adult and the case was either:

• Dismissed
• Rejected
• Never filed by the District Attorney or City Attorney's office

A background check will reveal the arrest along with finger prints, booking photos, and the arrest report. This information is a public record and does not disappear even when there is no formal case or charges filed.

A Petition to Seal and Destroy Arrest Records pursuant to California Penal Code, Section 851.8 is filed by an attorney. The process can take from 9 t

o 12 months.

If it weren't for the experience and skill of his attorney, my 18-year-old nephew could be sitting behind bars instead of in a college classroom today. My nephew's not a bad kid; in fact, he's a great kid. But like most barely 18-year-olds he doesn't always make great choices. One of those choices got him arrested this summer.

It was one of those typical teen things. My nephew and some buddies got together at a friend's Virginia vacation home when the folks weren't home and had a few beers. Stupid, but not an uncommon when you're talking about teenage boys. It was when my nephew got behind the wheel of his car to drive home that stupid could have turned tragic. Perhaps it was lucky that he got caught. As he was leaving his friend's house, he drove over the neighbor's lawn and the irate neighbor called the cops. My nephew was charged with underage drinking, driving under the influence (DUI) and destruction of property (the neighbor's lawn).

One stupid decision and my 18-year-old nephew risked time in jail and thousands of dollars in fines, court costs and legal fees. He risked losing his driver's license which would make it impossible to get to college classes or his job. He risked losing college scholarships. If convicted of DUI, a felony, he would have a criminal record that would prevent him being hired for many jobs. He would not be able to obtain certain state licenses or a security clearance. Many of the possible future jobs my nephew was going to college to pursue would no longer be available to him if he was convicted of a felony. When he was drinking with his buddies, he never imagined that a little fun might carry such a high price tag.

My sister and her husband were equally appalled at the seriousness of the trouble their son had gotten himself into. They put the kid under what amounted to house arrest and called a Virginia attorney. He advised that they continue the strict grounding until after the case was heard and that my nephew work hard to amass a minimum of 50 hours of community service before his hearing. It turned out to be excellent advice.

The attorney met with my nephew and his parents well before the hearing. He talked to my nephew about the questions he would be asked and how he would answer them. He told my nephew to address all his answers to the judge and to look him in the eye. "Pretend you're talking to your grandfather," he said. And he reminded him to get a haircut and wear his church suit with a tie.

The attorney explained that, like California, Virginia was very tough on DUI charges. With three charges against him, the Virginia prosecutor would demand a conviction on at least one charge. He recommended that my nephew plead guilty to the DUI charge because his blood alcohol content was very low. The attorney felt he could get the prosecutor to drop the two misdemeanor charges and that, with the community service hours, the judge would be inclined to grant probation since this was my nephew's first brush with the law.

On the day of his hearing, my nephew and my sister watched as one man convicted of DUI received a $1500 fine and 6 months in jail. A woman was fined $500, another $500 in court costs and had her license suspended for a year. My nephew's case was one of the last called so he had plenty of time to see "what might have been." When his case was called, the attorney had gotten the prosecutor to drop the underage drinking and property destruction misdemeanors. My nephew pleaded guilty to the DUI.

In talking to my nephew, the judge asked whether his parents had punished him and how. Then the judge started to page through the community service record my nephew's attorney had presented. As he looked at the first page, the judge commented, "Just 14 hours?" Then turned the page and saw a total of more than 50 hours of community service. He thought things over for a few minutes, then ruled: no fine, no court costs, one-year probation with his record to be expunged if there were no more infractions.

My nephew was one lucky young man. But as my sister said, their "luck" was in hiring an experienced and skilled attorney who knew the law, the prosecutor's office, the police officer involved and the judge. He knew how they would act, what they would expect, how to negotiate and what to do to present my nephew's case to the judge in the best possible light. Without an experienced and skilled criminal defense attorney in their corner, the outcome could have been very different for my nephew. Consider this a word to the wise.

Though it sounds suspiciously like something hanging from a turkey's chin, under California law "wobblers" are crimes that can be prosecuted as either a misdemeanor or felony. A felony conviction can be a life-altering experience affecting your ability to get a job, loan, credit, professional license or vote. Conviction can result in serious penalties, including prison time. A misdemeanor conviction is always preferable to a felony conviction. Misdemeanors are more likely than felonies to be eligible for alternative sentencing or expungement, a process that removes any public record of your crime, in effect, wiping the slate clean.

A number of factors can determine whether a wobbler is charged as a misdemeanor or a felony, including:

• whether violence or bodily harm was involved


• whether a gun or weapon was used


• the vulnerability of the victim


• whether the defendant played an active or passive role in the crime


• whether coercion or duress was evident


• the existence of unusual circumstances or extreme provocation

Should your case be "wobbling" between misdemeanor and felony, an experienced criminal lawyer can make all the difference. He may be able to tip the scales of justice in your favor so you can avoid a felony conviction. Some examples of possible wobbler charges include assault, battery, domestic violence, hit and run, embezzlement, certain drug offenses, criminal threats, fraud, vandalism and firearm possession.

If you feel like you're caught between a rock and a hard place, an experienced criminal attorney can help you prepare the best defense and may be able to convince the court to hear your case as a misdemeanor instead of a felony. For information on criminal defense in Spanish, visit our Spanish version website.

-Legal Pro

In a New York court this week, actress Tatum O'Neal pleaded guilty to disorderly conduct in connection with her arrest last month for cocaine possession. The judge ordered O'Neal to complete two half-day sessions in a drug treatment program and pay a fine of $95. The case will be dismissed if she meets those conditions by September 4. This is an excellent example of what an experienced expungement attorney can do for you.

In California, expungement is the legal process by which a criminal conviction is dismissed. While expungement does not destroy or seal your criminal record from justice authorities, it does remove it from the public record. After expungement court files will carry a notation of the crime and the fact that it was dismissed, but it will not count against you or show up on background checks.

A criminal record can prevent you from getting a job, obtaining credit, buying a house or car, renting an apartment, getting a student loan, voting, becoming a U.S. citizen or obtaining a state license to be a nurse, doctor, teacher, realtor, etc. With the help of a qualified expungement attorney, your criminal record can be expunged and the stigma of a criminal record erased. What may have been a youthful indiscretion or a lapse in judgment will no longer haunt you. After expungement your crime will not show up on background checks by potential employers, bank officers or nosy neighbors. You will again enjoy the rights of every law-abiding citizen.

For more information on expungement and criminal defense, visit our English website or Spanish version website.

-LegalPro

A criminal record haunts you for the rest of your life. It can affect your ability to get a job, take out a car loan, obtain a home mortgage, rent an apartment, vote, obtain a professional license, run for political office and even get a credit card. A criminal record is public. Everyone from your employer to your kid's teacher to the nosy neighbor down the street can access your criminal record. In many cases your criminal record can be expunged. With the exception of law enforcement officials, expungement ensures that no one will know about your arrest or conviction.

In many instances, a qualified criminal defense attorney can petition to expunge your criminal record of eligible felony and misdemeanor charges. After your record is successfully expunged, these charges are wiped clean from the slate as if they never occurred. In the eyes of the law, your criminal record is erased. If you fill out a form that asks: Have you ever been convicted of a crime? Expungement allows you to truthfully answer: No.

Not all criminal convictions are eligible for expungement under California law. Most misdemeanors and some felonies qualify for expungement. In California, felony convictions can be expunged if the defendant did not serve a state prison sentence and did successfully complete the terms of probation with the exception of most traffic and sex-related crimes. While other conditions may also apply to an individual's case, the following general conditions must be met before a petition to expunge can be filed by your attorney:

• Probation must have been successfully completed or, if no probation was granted, one year must have passed since the judgment date.


• All court orders must have been obeyed.


• The defendant must be free of all subsequent offenses.


• The defendant must be living an honest and upright life.

-LegalPro

In a law that went into effect on January 1, 2008, California put the brakes on expungement in cases involving hit and run, reckless driving and driving under the influence of alcohol and drugs. The new law no longer guarantees those convicted of such vehicle violations the right to expungement following successful completion of probation.

Expungement is the legal process by which an individual's entire criminal record is erased in the eyes of the law. In California, certain felony and misdemeanor convictions were eligible for expungement upon completion of probation. Your attorney could petition to expunge your criminal record which would wipe the conviction from the public record as if it had never occurred. Conviction of a felony or misdemeanor can affect a person's ability to get a job, obtain a loan, be granted a professional license or teaching certificate, rent an apartment, vote or run for political office. Expungement removed those obstacles. Until the passage of the new law, expungement could be used to clear a person's record of nearly all crimes in which probation rather than state prison was ordered, with the noted exception of sex offender crimes. If probation was completed without incident, expungement was practically guaranteed for nearly all crimes. No more.

The new law removes the individual's guaranteed right to expungement from a host of vehicle felonies and misdemeanors. Judges now have increased discretion in granting or denying petitions for expungement of convictions for hit and run, DUI or reckless driving. Expungements can still be granted if the judge concludes such action to be "in the interests of justice." However, the standards or criteria to be used in making that judgment are lacking from the new law.

More than ever, the services of an experienced expungement attorney may be necessary to ensure your right to expungement if you are charged with a vehicle offense. For information on expurgacion de antendentes penales, visit our Spanish version website.

-LegalPro

If you are falsely convicted of a crime and later exonerated, as in the case of James Ochoa who was chronicled in yesterday's post, you will want to make sure your criminal record is expunged. Expungement is the legal process of erasing all eligible felony and misdemeanor charges from the public record. In California, many criminal convictions can be cleared from the public record once probation terms are met. Expungement allows you to clear your name and move forward with your life. When expungement is complete, it's as if the misdemeanor or felony never occurred. The slate is wiped clean.

A criminal record can prevent you from getting a good job, obtaining credit, renting an apartment, buying a condo or home, voting, obtaining certain professional licenses and credentials (nursing, realtor, medical, teaching, etc.), becoming a U.S. citizen and running for political office. Many of the benefits we take for granted in our society are unavailable to people with a criminal record. Background checks and the availability of information on the internet make it all too easy for potential employers, lenders and others to obtain potentially embarrassing and sensitive personal information. Expungement keeps a criminal record from embarrassing you or creating future problems. Following expungement, you can lawfully answer "no" if asked, "Have you ever been convicted of a crime?" You won't have to worry about what someone will find if they run a background check.

With the exception of traffic and sex crimes, most criminal convictions, including many drug charges, can be expunged; however, you must petition the court to expunge your record. Once processing is complete, an expunged criminal record cannot be reversed. The process of expungement can take two to four months to complete and requires the services of an experienced expungement attorney.