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  1. #1
    mia123 is offline Junior Member
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    please advice: dismissed misdemeanor

    What is the name of your state? CA

    Hello,

    I was given a misdemeanor citation for shop lifting in Sep 2002 which I didnt commit intentionally. I hired an attorney, took lie detector test twice, passed it and my attorney got my case dismissed. Does this mean I was convicted?

    I have just cleared an interview with a dream company I want to work for and they will be sending me an offer after a criminal background check. My record appears as Misdemeanor - Petty Theft dismissed. How will this affect my employment offer?

    Also, is there a way where I can expunge/erase this from my records? This little bad luck is haunting me and the opportunities in my life and I am not a criminal :-(. I really want to have a life without something haunting me .

    Please share your thoughts and advice.

    Thanks,
    Mia.
  2. #2
    Blue Meanie is offline Senior Member
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    Main Entry: dis·miss
    Pronunciation: dis-'mis
    Function: transitive verb
    Etymology: Middle English, modification of Latin dimissus, past participle of dimittere, from dis- + mittere to send
    1 : to permit or cause to leave <dismissed the visitors>
    2 : to remove from position or service : DISCHARGE <dismissed the thievish servant>
    3 a : to reject serious consideration of <dismissed the thought> b : to put out of judicial consideration <dismissed all charges>
    - dis·mis·sion /-'mi-sh&n/ noun
    - dis·mis·sive /-'mi-siv/ adjective
    - dis·mis·sive·ly adverb



    Main Entry: ex·punge
    Pronunciation: ik-'sp&nj
    Function: transitive verb
    Inflected Form(s): ex·punged; ex·pung·ing
    Etymology: Latin expungere to mark for deletion by dots, from ex- + pungere to prick -- more at PUNGENT
    1 : to strike out, obliterate, or mark for deletion
    2 : to efface completely : DESTROY
    - ex·pung·er noun

    For More
  3. #3
    mia123 is offline Junior Member
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    The reason why I am asking if I was convicted is becasue in the employment form they have asked, "have you ever been convicted... " and I have replied 'NO'.

    Mia
  4. #4
    Heather2 is offline Member
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    Quote Originally Posted by mia123
    What is the name of your state? CA

    Hello,

    I was given a misdemeanor citation for shop lifting in Sep 2002 which I didnt commit intentionally. I hired an attorney, took lie detector test twice, passed it and my attorney got my case dismissed. Does this mean I was convicted?

    I have just cleared an interview with a dream company I want to work for and they will be sending me an offer after a criminal background check. My record appears as Misdemeanor - Petty Theft dismissed. How will this affect my employment offer?

    Also, is there a way where I can expunge/erase this from my records? This little bad luck is haunting me and the opportunities in my life and I am not a criminal :-(. I really want to have a life without something haunting me .

    Please share your thoughts and advice.

    Thanks,
    Mia.
    No you were NOT convicted. But if they asked if you've ever been arrested you must say yes until you have it expunged.

    I didn't see anything on the following website about being able to expunge your record if your case is dismissed but I would speak with an attorney about having your arrest record expunged.
    [url]http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/CA/CA-EXP.htm[/url]
  5. #5
    mia123 is offline Junior Member
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    Thank you so much Heather2. Appreciate your help. I will follow your lead. I will appreciate if you can provide recommendation for a good attorney who can do this in Santa Clara County California?
  6. #6
    Heather2 is offline Member
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    Quote Originally Posted by mia123
    Thank you so much Heather2. Appreciate your help. I will follow your lead. I will appreciate if you can provide recommendation for a good attorney who can do this in Santa Clara County California?
    I personally don't know of any attorney's but look in your phone book and call around to find the best price. I also found this:
    [url]http://attorneypages.com/555CA259/index.htm[/url]
  7. #7
    Betty is offline Senior Member
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    As Heather suggested, I would speak with an attorney about getting your record of arrest expunged. My understanding is it is your responsibility to petition the court to have this arrest cleared off your record. It will require the help of an expungement lawyer. The entire process can take a few months & depends on various factors (ie reason for arrest, the court). Good luck to you.
  8. #8
    CdwJava is offline Senior Member
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    Most employers in CA cannot ask if someone was ever arrested - only about convictions.

    And to see what to do about this, check this site to begin with:

    [url]http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm[/url]

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    Betty is offline Senior Member
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    Carl, you are correct re employers not being able to ask about arrests (believe this is case in most if not all states) -- it is illegal for employer to ask on job application re any arrests - only if you have ever been convicted of a crime(s). Poster may still want to pursue getting arrest record expunged from background records.
  10. #10
    mia123 is offline Junior Member
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    Thanks guys for all the information. Need more clarification from your expertise.

    I did more research, spoke to a few attorneys as well. You will not be believe how some attorneys have tried to gain from my misfortune - I had one attorney asking for $12000 for clearing the record and asked me to wait for 7 to 12 months.

    From my understanding expunging means sealing off the record and there are two places to seal off ... one is the court record and the other is the arrest record. The county which dealt with my case is Santa Clara County and it seems they are very strict about clearing records even if you are not convicted, have as dismissed case. Per the attorneys I spoke to, it seems they fight back every step. :-(

    Browsing further more, I found this link which allows me to apply for record clearance directly by filling a simple form and mailing it with $85. The rules are straight forward and per the word, my record should be cleared.

    [url]http://www.sccgov.org/SCC/docs/Probation[/url] Department (DEP)/attachments/Record_Clearance_Application.doc

    Please copy paste the complete link and see page 3 of the document. Please let me know your thoughts.
    Do you think I have any chances to have my record cleared by filing this?

    I feel so depressed..... :-(

    BTW, do you think the company would deny me of an employment because I have a Dismissed Petty Theft Misdemeanor. This is once in a life time opportunity and I am keeping my fingers crossed! I will know by Thursday or Friday.

    Thanks,
    Mia
    Last edited by mia123; 02-14-2006 at 10:22 PM.
  11. #11
    Heather2 is offline Member
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    Let us know if you get the job.
  12. #12
    Betty is offline Senior Member
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    Yes, let us know if you get the job.
  13. #13
    mia123 is offline Junior Member
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    That is the first thing I will do when I know. Thanks for your support.
  14. #14
    mia123 is offline Junior Member
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    Still havent heard from the company. Sent a follow up email to them today. Living in fear and anticipation.
  15. #15
    Heather2 is offline Member
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    Quote Originally Posted by mia123
    Still havent heard from the company. Sent a follow up email to them today. Living in fear and anticipation.
    I'm sorry. Maybe you should call them.

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