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Felony Charge Dismissed but Comes Up on DOJ Check As Pending

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  • 08-31-2011, 02:03 PM
    Daroque
    Felony Charge Dismissed but Comes Up on DOJ Check As Pending
    My question involves labor and employment law for the state of: I received a felony charge in California in 2002, it was classified as a wobbler. In 2005 the case was reduced to a misdemenor and dismissed. I have recently taken a Live Scan for my job and it pops up as case still pending from 2002. What I have found out is that when I initially was seen by a judge it was continued to a later date. On that later date it was moved to another judge's court because of illness by the first judge. Since it was taken care of in the second judge's court, it still shows as a pending case in the first judge's court. I have since went back to the court house and they explained that it would be corrected and completed on their side. That was 5 months ago and it is still popping up and preventing me to be put on big contracts with my job, because I can't pass the Live Scan. Need some direction....
  • 09-01-2011, 09:28 AM
    ESteele
    Re: Felony Charge Dismissed but Comes Up on DOJ Check As Pending
    You should speak with the attorney who represented you during the criminal proceedings or another California attorney. Your lawyer may have to file a "motion" with the court to require the clerk's office to clean up promptly what appears to be a clerical error.
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