• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Past user but now hates it!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

VictimArmyVet

Junior Member
What is the name of your state (only U.S. law)? California

In 2006 I was arrested for drug possession and was fined $10,000 and had completed the D.E.J. program. Now, my problem is getting it remove from my record. I can not locate my lawyer who represented me on this case. Is there a simple way how to expunged my record. It is very important that I do get rid of this unfortunate experienced. I am now employed with one of the airlines at LAX, but due to random check for each employees, my 2006 case had re-appeared and I was put on stand-by. Please advice and your pointers would be greatly appreciated.
 


Usually the DEJ program is offered in lieu of a conviction. How could you have completed a DEJ and have a conviction for the same offense? You can't ever get the arrest removed, but you can get a conviction expunged (depending on if its a misdemeanor or felony) but the conviction should have been dropped when you completed the program.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? California

In 2006 I was arrested for drug possession and was fined $10,000 and had completed the D.E.J. program. Now, my problem is getting it remove from my record. I can not locate my lawyer who represented me on this case. Is there a simple way how to expunged my record. It is very important that I do get rid of this unfortunate experienced. I am now employed with one of the airlines at LAX, but due to random check for each employees, my 2006 case had re-appeared and I was put on stand-by. Please advice and your pointers would be greatly appreciated.
What makes drug diversion so attractive is the fact that your criminal charge(s) will be automatically dismissed as long as you successfully complete the program. Once your charges are dismissed, it is almost as if the arrest legally never occurred.

We say "almost" because there is an exception to this general principle. You…and the Department of Justice…must disclose the arrest if you apply to become a peace officer.

Other than that, when you successfully complete your deferred entry of judgment program, "the arrest upon which the judgment was deferred shall be deemed to have never occurred". This means that you can truthfully state that you have never been arrested or granted deferred entry of judgment for the offense, and the arrest record cannot be used in any way to affect your employment or a professional license or certificate.

If you did not successfully complete the program, or failed to pay the fines, that arrest and subsequent conviction may still appear on your record. If you are employed as a peace officer, then you must ALSO disclose this information and it can affect your ability to work in that field.
 

danfour

Junior Member
Background checks of airline employees

I'm surprised they didn't have pre-employment questions like 'have you ever been arrested' or 'have you ever plead guilty' to any felony or misdemeanor crimes. It seems as if FAA regulations for airline employees who have access to secured areas has become more strict and drug crimes are likely to be disqualifying.

http://www.faa.gov/about/office_org/headquarters_offices/ahr/jobs_careers/occupations/atc/security_investigation/
http://www.aviationpersonnel.net/faa-compliance.htm

Whether a diversionary program in lieu of conviction would somehow clear you from these regulations, especially if you didn't admit to them during your initial screening seems unlikely. It also seems that the FAA is tightening up on regulations for convictions and omitted convictions on airmen, likely there are similar processes in place for ground crew:

http://www.faa.gov/documentLibrary/media/Order/2150.3B%20Chg%203%20Only.pdf
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top