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  1. #1
    Join Date
    Jun 2007
    Posts
    13

    Default Conditional Dismissal

    Well my lawyer told that I have a dej(for misdemeanor embezzlement), I have a hearing a year from my last court appearance for a conditional dismissal. I had to plead no contest to get this and pay fines and stay outta trouble for a year, and have probation for 3 years and that the no contest plea will be withdrawn and the case dismissed...I was just wondering how will this affect the records with the FBI and DOJ. I havent heard too much about conditional dimissals...so im not sure how this will be reflected if i try to get a clearance to obtain state licensure for occupational purposes after the next court date.
    My lawyer also said that after the charges get dismissed, that he can motion for the probation to be discharged, and that i can state "no" on the licensure application for "Have you ever had a conviction expunged, dismissed, reduced or diverted by the
    court? (Any conviction which has been dismissed or reduced pursuant to California Penal
    Code Section 1203.4 MUST BE DISCLOSED!)"
    As for the arrest he said that will still be there. even though on the court system it shows for most people the date of arrest on mine it says N/A, i was cited then released. Ive heard many conflicting things about the cite and release...i heard that it is an arrest, but ive also heard that it is not. My lawyer says it is, ive heard from cops that it is not. so does the N/A mean that the court did not consider it an arrest?

    So if anyone has information about conditional dismissals, it would be greatly appreciated.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Conditional dismissal

    "Have you ever had a conviction expunged, dismissed, reduced or diverted by the court? (Any conviction which has been dismissed or reduced pursuant to California Penal Code Section 1203.4 MUST BE DISCLOSED!)"

    If your lawyer said you could truthfully answer NO to that...then he is not very competent.

  3. #3
    Join Date
    Jun 2007
    Posts
    13

    Default Re: Conditional dismissal

    he has been a lawyer for 30+ years so i thought he was pretty competent

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