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VC 23222(b) and my criminal record

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C

Cali408nia

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

Last year (12/7/09) was the date I was convicted of vc 23222(b). I was under the age of 21 and I plead guilty. I was not offered a DEJ or diversion program at my arraignment even after I asked the judge about it (strange indeed). I plead guilty because I did not know my rights. I did not know that I could get a PD and fight the case and hope to get a lesser charge.

I have had a restricted license the last year, but that's almost up. I received 1 point on my DMV record and that's all that's on my DMV record. No big deal.

Now I'm finding out that this charge will stay on my criminal record for longer than 2 years (because it's not part of the HS code). It was a huge mistake for me pleading guilty to this charge without exercising my rights and I have paid for it in the last year with fines and stress. I have been rejected from a job because of my criminal record (and this is the only thing on it).

How long will this charge appear to employers who are conducting background checks on me? I've read 7 years. I don't think I can support myself for 6 more years without a real job because of one conviction. Is there anything I can do to get it expunged over time?

Thanks
 
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I

I_Got_Banned

Senior Member
Cali408nia said:
What is the name of your state (only U.S. law)? CA

Last year (12/7/09) was the date I was convicted of vc 23222(b). I was under the age of 21 and I plead guilty. I was not offered a DEJ or diversion program at my arraignment even after I asked the judge about it (strange indeed). I plead guilty because I did not know my rights. I did not know that I could get a PD and fight the case and hope to get a lesser charge.

I have had a restricted license the last year, but that's almost up. I received 1 point on my DMV record and that's all that's on my DMV record. No big deal.

Now I'm finding out that this charge will stay on my criminal record for longer than 2 years (because it's not part of the HS code). It was a huge mistake for me pleading guilty to this charge without exercising my rights and I have paid for it in the last year with fines and stress. I have been rejected from a job because of my criminal record (and this is the only thing on it).

How long will this charge appear to employers who are conducting background checks on me? I've read 7 years. I don't think I can support myself for 6 more years without a real job because of one conviction. Is there anything I can do to get it expunged over time?

Thanks.What is the name of your state (only U.S. law)?
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As far as I can tell, 23222 is a misdemeanor (a criminal charge) and as such, it stays on your record forever unless or until it gets expunged; I could be wrong though. At any rate here's a link that explains how to try and get it removed:
http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm
 
C

Cali408nia

Member
I_Got_Banned said:
As far as I can tell, 23222 is a misdemeanor (a criminal charge) and as such, it stays on your record forever unless or until it gets expunged; I could be wrong though. At any rate here's a link that explains how to try and get it removed:
http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm
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Thank you, I have already seen that website and it has given me ideas. On that same page it also says
If you were convicted of possession of marijuana for personal use then you do not necessarily need to get a dismissal for the offense. Under California Health and Safety Code Sections 11361.5 and 11361.7 all possession of marijuana for personal use convictions, after January 1, 1976, are erased from your record after two years. BE CAREFUL! The conviction cannot be for cultivation, sales or transportation. If it is, it will be on your record.
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But since this charge wasn't under the Health and Safety Code, I'm thinking that it doesn't apply to my case even though it was possession of MJ not not cultivation, sales, or transportation.

So it seems like the best suggestion for me is to file PC 1203.4a petition for expungement. I'm just wondering if anybody knows realistically the odds of me getting the charges expunged after a year is or if there is any other course of action I could take.
 
CdwJava

CdwJava

Senior Member
Expungement is possible ... but, it is already a very low level offense. It might even get filed as an infraction to Traffic Court which would result in no criminal record to expunge.
 
C

Cali408nia

Member
CdwJava said:
Expungement is possible ... but, it is already a very low level offense. It might even get filed as an infraction to Traffic Court which would result in no criminal record to expunge.
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Thank you. I was booked for the offense and it has come up on a background check as a misdemeanor. So, I'm pretty sure that it has been filed under my criminal record. I did a little research and printed out the form and it looks like I need to call the county court and ask them where to send the form (after I wait 3 weeks for it to be a year old conviction).
 
CdwJava

CdwJava

Senior Member
Cali408nia said:
Thank you. I was booked for the offense and it has come up on a background check as a misdemeanor. So, I'm pretty sure that it has been filed under my criminal record. I did a little research and printed out the form and it looks like I need to call the county court and ask them where to send the form (after I wait 3 weeks for it to be a year old conviction).
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You were BOOKED for 23222(b)? :eek: That was an oops by someone! An officer and a supervisor missed the last phrase at the end of 23222(b): "and shall not be subjected to booking."

Yes, it is a misdemeanor, but it is one that is not subject to booking or jail time.

Could you have been, perhaps, booked for some other offense as well? If not, then your attorney was asleep at the switch or thought it not worth pursuing for an unlawful booking.
 
C

Cali408nia

Member
CdwJava said:
You were BOOKED for 23222(b)? :eek: That was an oops by someone! An officer and a supervisor missed the last phrase at the end of 23222(b): "and shall not be subjected to booking."

Yes, it is a misdemeanor, but it is one that is not subject to booking or jail time.

Could you have been, perhaps, booked for some other offense as well? If not, then your attorney was asleep at the switch or thought it not worth pursuing for an unlawful booking.
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Yes I'm 95% sure I was booked. I'm also 100% sure it was the only thing I was cited with that incident. I don't have an attorney. I showed up to the arraignment and plead guilty foolishly. Either way the mere fact that I was denied a job and I retained a copy of the background check and it showed as a misdemeanor means it's found it's way onto my criminal record, correct?

The CA courts info page posted earlier says the following regarding filing a petition:
The court cannot charge you a filing fee to file your petition. But, the court can charge you a fee after it makes a decision on your petition. Currently, the law allows for a maximum of $120 fee. But, in order to charge you this fee, the court has to determine that you are able to pay. So, if you cannot afford to pay, you can ask for a fee waiver.
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But my particular county has a special form that I have to fill out and pay a fee just in order to be able to file the petition
To apply for a Record Clearance pursuant to Section 1203.4 PC (Court or Formal Probation case) or 1203.4a PC (No Probation or Probation Denied case), complete and send this application and a NON-REFUNDABLE $120.00 PROCESSING FEE (PC 1203.4 cases) or $60.00 (PC 1203.4a cases) (CHECK or Money Order, No Cash) payable to COUNTY OF SANTA CLARA
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This seems contradictory doesn't it? My county requires me to fill out a 'record clearance application' and pay the fine before I can submit the 1203.4a paperwork.
 
CdwJava

CdwJava

Senior Member
Cali408nia said:
I retained a copy of the background check and it showed as a misdemeanor means it's found it's way onto my criminal record, correct?
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That depends on what "criminal record" you are talking about? Was it a court record? A record from the arresting or booking agency's record system? Or was it from the California Department of Justice, and received after you submitted fingerprints to them? Only the latter is your true and official STATE criminal history. Yes, since you pled guilty so readily, it is likely a misdemeanor conviction. But, there are a number of different records involved.

But my particular county has a special form that I have to fill out and pay a fee just in order to be able to file the petition
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You can ask them about it, but I suspect that you will get a reply that says they are not charging you a fee to submit the application, but obtaining compensation for the time required to evaluate the application. Splitting hairs, I know, but until challenged it will likely stand.

It's up to you. Either jump through their hoops and resolve it, or fight with them and prolong the action. Your call.
 
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