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Disorderly Conduct Plea to a Lewd Conduct Charge

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  • 11-03-2007, 08:08 PM
    Ellery
    Disorderly Conduct Plea to a Lewd Conduct Charge
    I was charged with lewd conduct in a california sting operation in a public park. We negotiated a plead of no contest to disorderly conduct (California misdemeanor 415 - using obscene language).

    I assume I would have to state the conviction if asked specifically about criminal charges on a job application, but am I required to state what the original charge was and provide details if asked once they see it on the application, or would I only have to detail what I was convicted of? Would employers have access to details of the original arrest (I was arrested and booked). Thank you.
  • 11-04-2007, 01:55 AM
    nite_riderusa
    Re: Disorderly Conduct Plea to a Lewd Conduct Charge
    You are only required to state what your conviction (disorderly conduct) was for. And a lot of job applications only ask about felonies. Just be truthful ( I was in the park when I shouldn't have been). There is no need to go into details unless asked in the interview. An employer can get the circumstances and the original charge through the freedom of information act , but for a misdemeanor thats highly unlikely as that is rather lengthy and takes up quite a bit of time. More likely they will get a criminal background check. And when they get the state record it will only show the conviction, (disorderly conduct) the date of arrest, and the date of conviction. Not the circumstances of the arrest.
  • 11-04-2007, 10:50 AM
    cdwjava
    Re: Disorderly Conduct Plea to a Lewd Conduct Charge
    In California employers cannot search state criminal history records. An employer CAN search court records if they know what court to request records through. This is most often done via a firm that does background investigations using these public records.

    If the employer does ask about the conviction, and you give them an incomplete answer, they can always choose not to hire you. So, if you were convicted of disturbing the peace, then say so.

    As a side note, the Freedom of Information Act is a federal act that is not binding on state and local governments. I believe that every state has a law that mirrors the FOIA, but they are not identical. In CA it is the CPRA (California Public Records Act) and it is one of the broadest in the nation.

    - Carl
  • 11-04-2007, 02:53 PM
    Ellery
    Re: Disorderly Conduct Plea to a Lewd Conduct Charge
    Thanks for the info. If they are able to obtain them, could court records include the original arrest report and charge? The arrest details were not mentioned during my appearance other than location and time. The plea deal was made in a meeting first, then in court the judge stated that a deal had been made and asked if I understood the details etc. Then I plead and was ordered to pay a $120 fine plus tax and court fees... plus 2 years of unsupervised probation... and 1 attendance of an aids education class.
  • 11-04-2007, 03:48 PM
    cdwjava
    Re: Disorderly Conduct Plea to a Lewd Conduct Charge
    Quote:

    Quoting Ellery
    View Post
    Thanks for the info. If they are able to obtain them, could court records include the original arrest report and charge?

    They COULD, but I doubt they will look for that much information. Heck, in police officer applicant backgrounds we do not generally pull that much information! I doubt they will look beyond the charge if they find it. At that point they will either decide the crime is insignificant for their purposes, or they will decide that they do not want to take a chance on you.

    Most likely they will find only the charge and the sentence - and when this all took place.

    - Carl
  • 11-04-2007, 05:57 PM
    Ellery
    Re: Disorderly Conduct Plea to a Lewd Conduct Charge
    Thank you both kindly. Any advice on applying for an expungement? I know in CA you still have to disclose the conviction with one, but does it "look better" to have one? How easy are they to get?
  • 11-04-2007, 09:34 PM
    cdwjava
    Re: Disorderly Conduct Plea to a Lewd Conduct Charge
    Try these links for information:

    http://www.courtinfo.ca.gov/programs...xpungement.doc

    http://www.courtinfo.ca.gov/selfhelp...imlawclean.htm

    - Carl
  • 11-08-2007, 04:18 PM
    LawBlah
    Re: Disorderly Conduct Plea to a Lewd Conduct Charge
    Ah, the "Larry Craig" plea.

    I think you worry too much. In New York dis/con is not even a crime, it's just a violation.
  • 11-08-2007, 05:15 PM
    cdwjava
    Re: Disorderly Conduct Plea to a Lewd Conduct Charge
    Quote:

    Quoting LawBlah
    View Post
    Ah, the "Larry Craig" plea.

    I think you worry too much. In New York dis/con is not even a crime, it's just a violation.

    In CA (where the OP resides) it is a misdemeanor punishable by a fine and up to 6 months in jail.

    - Carl
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