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  1. #1
    Join Date
    May 2009
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    3

    Default Prop 21 California

    My question involves criminal records for the state of: California


    In 1994 I committed a 211 offense. The case ended in June 1995 and I was placed home on probation. I completed probation with no violations. I went on to college and graduated in 2003. In 2000 I tried to seal my record but the judge said it wasn't possible because of Prop 21. According to Prop 211 I cannot seal my record because it falls under the list of crime in section 707(b). Is there anything I can do to try to clean up my record? I've had no arrest since this incident. It has been 15 years.

    Here are some facts about the case. I was 15 and the victim was 13. Basically if this had happened in school it would have been considered bullying. At first the kid's mom did not want to file charges and all she wanted was talk to my mother but at the spur of the moment the cop convinced her to do it. Then the trial dragged on for about one year. For about three or four straight months the victim and his mother didn't even bother to show up and mainly it was because they didn't think it was worth their time. But then the DA subpoena them and told them if they didn't show up it was punishable by law. Kid showed up and I at that point didn't want to move on with the case because I was just sick and tired of showing up to court just wanted this case to end, and so I just took the plea bargain. I did not have a lawyer and the public defender was not very helpful. Honestly this case never should have occurred in the first place. That kids's mother all she wanted was to talk to my mother.

    So what can I do now?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Prop 21 California

    Quote Quoting djuvenile
    View Post
    Here are some facts about the case. I was 15 and the victim was 13. Basically if this had happened in school it would have been considered bullying.
    No, it would still have been robbery by force or fear. It might have ALSO been "bullying" per the school rules, but being at school would have done nothing to make the crime less serious. In fact, it could have been more serious as a result.

    Kid showed up and I at that point didn't want to move on with the case because I was just sick and tired of showing up to court just wanted this case to end, and so I just took the plea bargain. I did not have a lawyer and the public defender was not very helpful.
    A public defender IS a lawyer. So, you had a lawyer. The fact that he saw a plea as the best avenue doesn't change that. And unless there was a real defense to cast doubt on whether you did in fact commit the offense alleged, you likely had little option but to plead guilty.

    Honestly this case never should have occurred in the first place. That kids's mother all she wanted was to talk to my mother.
    Not relevant now.

    So what can I do now?
    Have you talked to an attorney about this? The offense is probably eligible for a dismissal (an expungement) pursuant to PC 1203.4. This would have a similar effect to having a juvenile record sealed and would allow you to answer, "no" to questions about prior convictions on most private employment applications.

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

    Speak to an attorney who can help you in this matter.

    - Carl

  3. #3
    Join Date
    May 2009
    Posts
    3

    Default Re: Prop 21 California

    Have you talked to an attorney about this? The offense is probably eligible for a dismissal (an expungement) pursuant to PC 1203.4. This would have a similar effect to having a juvenile record sealed and would allow you to answer, "no" to questions about prior convictions on most private employment applications.

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

    Speak to an attorney who can help you in this matter.

    - Carl[/QUOTE]

    I have been searching around for the best juvenile expungement attorney that I can find. Almost everyone I've come across has said that they couldn't do anything for me. One attorney said that he can get it dismissed and set aside so on my record it doesn't show any convictions. But I thought juveniles do not get a convictions. I'd always thought that convictions only apply to adults. Don't juveniles get adjudicated? So if I get my case dismissed how would my FBI printout look like?

    One other lawyer said that he can try to withdraw my guilty plea and re-enter another plea of grand theft which is a sealable juvenile offense according to Prop 21, but he is gonna charge me an arm and a leg. He wants to charge me $5000 if it doesn't require him interviewing witnesses and $7500 if it requires interviewing witness.

    Can I get some more input from people? I will definitely gonna try to get this case dismissed which is only costing me $750. But I really want my juvenile record sealed so that way I never have to deal with any other potential problems later on in life.

    Please help me out. Thank you!

    Oh, I forgot to mention...it turns out that the kid that i robbed had a cousin and his cousin is close friends with my best friend's little brother. If I were to talk to the victim today I think he would be willing to speak on my behalf and put in a good word for me. I honestly think he would be cool about it. I mean no one got seriously hurt. He and his mother didn't even bother showing up to court. It has been 15 years. The victim and I, well we've both moved on with our lives. We both have graduated from college and have goals in life. This was just a childish act that turned serious when the law was involved.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Prop 21 California

    Quote Quoting djuvenile
    View Post
    But I thought juveniles do not get a convictions. I'd always thought that convictions only apply to adults. Don't juveniles get adjudicated? So if I get my case dismissed how would my FBI printout look like?
    Yes, your get a case adjudicated with a "true finding" on the bill, or filing.

    If you get the case expunged, your public criminal history will reflect no conviction and you will legally be able to tell most private employers that you have never been convicted. However, certain government positions (including law enforcement and those requiring security clearances) will still generally have access to that information. In CA your state criminal history is not public record anyway, so a prospective employer cannot get that information from the state ... though they CAN get it from the courthouse, and maybe from the law enforcement agency holding the record. Though, if done as a juvenile, it is doubtful that either entity will be permitted to release such a record without a court order or a written waiver by you.


    - Carl

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