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sexual battery

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H

healing

Guest
I received a citation for sexual battery misdeamenor in california. I am a first time offender. I am scheduled to be in court in December. My goal is to prevent my family from knowing. Should I plea guilty to prevent a trial?
If I do, how long will my record be tainted?
Will it affect my future nursing licensing in California?
 


R

rrg956

Guest
Not all misdemeanors are created equal so it would be helpful to know the exact code section you have been charged with violating. Whenever "sex" or "domestic violence" are included in the charge, the rules can get very special and very tough, even for a misdemeanor. Except for the potential jail time (if any) the post-conviction consequences can be just as harsh as a felony. Hire a good attorney and consider your decision to plead it out just to avoid a trial very cafefully. Plead guilty to the "wrong" sexual offense charge (yes, even a misdemeanor) and you'll wind up having to register with the local cops for the rest of your life.

With a misdemeanor w/no probation or at the end of any probation period, you can applied an expunction of the charge from your record. The term to do this is after 1 year when you've recieved no probation or at the end of whatever probation period you're sentenced to. (SEE CALIFORNIA PENAL CODES 1203.4a. and/or 1203.4.)

As to your question regarding potential employers; If you're already in your profession, the safest thing to do is don't quit and don't look for another nursing job until this mess is completely over. If you're an MA or LVN you can look for a job in a private office and get in under the radar without anyone checking. If you're a RN or above or you are applying for a nursing/Admin position in a hospital or HMO clinic, you're probably toast. If you're not working and want to stay in your profession, Apply to private practice only. Yes, the pay will suck but at least it's med exp. for your resume.

As for your family finding out, I can only offer this: Don't do anything rash or stupid that will ruin your life simply to keep your family from finding out. You'll have to live with the consequenses and they'll probably find out anyway. Hire a good attorney, fight for your rights and fix this problem. Those members of your family who really care for you will adjust to whatever happens and will still be there for you. Good Luck!

THE FOREGOING MAY NOT BE CONSTRUED AS LEGAL ADVICE
 

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