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Expungement Denied??

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ishmalgonzales

Junior Member
SF California

7 years ago when I was still with my ex, we were living near San Jose, CA at a rental home, we had a fight, I came home from work to find our 4 month old baby still in the crib and not changed or fed since I had left for work in that morning and
my girlfriend still in bed. We got into a verbal argument because her actions over the
past few weeks were becoming intolerable. She was angry and sleeping all the time and irresponsible.
The fight escalated when she admited to being on drugs (Meth) we began yelling at eachother and out of anger
she ended up throwing a coffee mug against the wall, right where our
4 month old was laying on a blanket. It was mostly a verbal yelling match and then she became violent.
When she came towards me, she began hitting me and when I pushed her back, she lost her footing and
fell backwards over the coffee table. She became even more infuriated and then said "oh yeah" and
ran into the other room and slammed the door. The next thing I know, cops were at my door arresting me!!
She had called and told them that I had hit her and I was abusing her in front of our baby. Needless to say
I was hauled off to jail for two days...

In court my ex had the nerve to stand up and say that it was all "phony-bologna" and she didn't want charges
pressed against me, that I didn't hit her..etc. However, I was still prosecuted by the DA.Despite the fact
that I was covered in bruises and had a black eye, and the fact that she full on admited to being on Meth...
they lowered my conviction to a misdemeanor domestic violence because I had no prior record and have
never been arrested or been introuble. I went through Anger Management and all of the suggested courses
that they asked me to, I paid my fines in full... etc

I broke up with my ex because of her drug habit and since and to this current date 7 years later, I have
full custody of our daughter. I was working as a builder until I went through nursing school to become a registered nurse
and I am currently licensed

However, I have been told my several companies and potential jobs that I am not hirable because of my
background of "domestic violence." I have sent in petition forms for dismissal about 10 times and all
have been denied for expungement. I'm not entirely certain what to do at this point.
My family and I can no longer afford our apartment or our car because of my unemployment.

I was just wondering if anyone has any advice for me? I was told by the court clerk that it is listed
as Misdemeanor of "domestic battery"... not sure what the difference between domestic violence and battery
is but its been longer than 7 years, I haven't been in trouble since, all the fines and classes
were completed, it's preventing me from getting a job... yet it keeps getting denied for expungement
over and over. I even went to court one day and asked to be seen in person by the judge and they refused
to let me do so.
 
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CdwJava

Senior Member
It sounds as if you were convicted of PC 243(e)(1) which is, essentially, misdemeanor domestic violence battery.

And what do yu mean that you were "denied" for expungement? What exactly did you do? Did you petition for a dismissal per PC 1203.4? Or take some other action?

There are links on this page that can give you some information:

http://www.courts.ca.gov/1070.htm
 

ishmalgonzales

Junior Member
I submitted several petitions to expunge my record. It takes the court 2-3 weeks to mail the form back to me and each time I have submitted it, the form comes back as "Petition for dismissal denied" I even submitted quite a few character reference letters along with my last petition and it was still denied. I was just wondering if anyone had any recommendations, otherwise I am going to have to look for a different profession.
 

mistoffolees

Senior Member
I submitted several petitions to expunge my record. It takes the court 2-3 weeks to mail the form back to me and each time I have submitted it, the form comes back as "Petition for dismissal denied" I even submitted quite a few character reference letters along with my last petition and it was still denied. I was just wondering if anyone had any recommendations, otherwise I am going to have to look for a different profession.
I would take the paperwork to an attorney. It could be that you have a judge who simply doesn't go for expunging records - in which case it's probably a waste of time unless you move to a different county and get the case transferred there (or the judge retires in your county).

OTOH, it could be that you simply made a mistake in how you submitted the form and an attorney might be able to correct it.
 

st-kitts

Member
OP - When were you told this by employers? CA state laws are stricter the FCRA and limit the length of time a criminal conviction may be reported. The limit is seven years unless the law excludes the occupation and requires a more thorough check by employers, to summarize the law very loosely.

Unless medical professions are covered by that exemption, and that is possible, your record wouldn't be visible to employers in the private sector 7 years after the fact. You might research a bit before you spend the money on the attorney.

The other suggestion is dust off your resume and try for employment in other fields while you sort this out. There are many people working with criminal convictions, and per the above, yours is likely invisible to most employers at this point. Good luck.
 
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CdwJava

Senior Member
Employers that require fingerprints and who do their own checks of court websites will find a record of the conviction. While the OP may not be required to report convictions to most employers beyond 7 years and background records search companies may have a 7 year limit to report convictions, that doesn't mean potential employers cannot find such a record through other means. The record doesn't go away, it is just that the reporting requirement changes.
 

st-kitts

Member
I do not disagree with CdwJava in terms of what can be pulled, but think it is good to point out what can be pulled and what will be pulled are different. Most employers, especially medium and large private employers, use CRAs so the reporting restrictions apply whenever a CRA is used. Very small organizations might not use CRAs. The federal government when reviewing for a security clearance has a unique and separate process. I am sure local governments may have their own processes as well. But for the majority of employers, use of a CRA is a safe bet even with a healthcare organization, if it has centralized HR.
 

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