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  1. #1

    Default Conviction Set Aside, Trying to Get a Teacher Credential in California

    My question involves criminal records for the state of: Arizona/California

    I was convicted of possession of a narcotic drug for sale, cocaine, in Arizona at age 19 in June of 2000. I came to California and completed a 2 year long residential treatment program that is considered to be one of the best in the country.

    Five years later, I petitioned to have my convictions "set aside" in Arizona, which is the best thing that can possibly happen to them. The California statute that would apply would be expungement, but Arizona does not call it that.

    Since then I have worked myself through college, graduating with a degree in English Literature and Education. I am applying to the teacher credential program at a state college and I had to submit fingerprints and disclose my convictions even though they had been "set aside" in Arizona. This put me through to a special review board and now they want my certified copies of court documents.

    This is all fine with me, but I have come upon a website that says that anybody who was convicted of a drug charge having to do with sales is automatically denied a credential.

    Is there any hope for me? Will they consider my age, and my rehabilitation since then? What is troubling about this is that I was using the drugs but the quantity of them is what made them charge me with sales. I should add that I was arrested for being in possession of a gun at the same time, but the charge was dropped because it was not mine. Nevertheless, the indictment shows the gun charge as well as three other charges for drugs.

    in summation, i was convicted of one charge but have to disclose everything i was charged with as well.

    I appreciate any help with this issue, especially if you know something about the California Commission on Teacher Credentialing.

  2. #2
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    Default Re: Conviction Set Aside, Trying to Get a Teacher Credential in California

    The link to the website you found is what? Don't make us hunt for it.

  3. #3

    Default Re: Conviction Set Aside, Trying to Get a Teacher Credential in California

    http://www.**********.com/articles/c...ng_teacher.htm


    I don't know why it is blocking out part of my link, but what should fit in the space with the asterisk is "record gone" dot com without the space between the two words. this is the strangest thing i've ever seen where it blocks out the site name.

    jeez it left out some other parts to the link-

    /articles/criminal_record_becoming_teacher.htm

  4. #4
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    Default Re: Conviction Set Aside, Trying to Get a Teacher Credential in California

    Somebody probably spammed the forum with their link at one time or another.

    Quote Quoting California Education Code, Sec. 44346.
    (a) The commission shall deny any application for the issuance of a credential or for the renewal of a credential made by any applicant who comes within any of the following classes:
    (1) Has been determined to be a sexual psychopath under the provisions of Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code or under similar provisions of law of any other state.

    (2) Has been convicted of any sex offense, as defined in Section 44010.

    (3) Has been convicted of a controlled substance offense, as defined in Section 44011.

    (4) Has been found to be insane through a criminal proceeding by a federal court or a court in this or any other state.
    (b)
    (1) Notwithstanding paragraphs (2) and (3) of subdivision (a), no person shall be denied a credential solely on the basis that he or she has been convicted of a crime specified in paragraphs (2) and (3) of subdivision (a) if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, and if his or her probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code.

    (2) Notwithstanding any other law, the commission shall deny the application of any applicant who is required to register as a sex offender pursuant to either of the following:
    (A) Section 290 of the Penal Code.

    (B) A law of any other state or of the United States when the underlying offense, if committed or attempted in this state, would require registration as a sex offender under Section 290 of the Penal Code.
    (c) Notwithstanding paragraph (3) of subdivision (a) or subdivision (b), the commission may issue a credential to a person convicted of a controlled substance offense as defined in Section 44011 if the commission determines from the evidence presented that the person has been rehabilitated for at least five years, or has received a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, or if the accusation or information against the person has been dismissed and he or she has been released from all disabilities and penalties resulting from the offense pursuant to Section 1203.4 of the Penal Code.

    (d) Notwithstanding paragraph (4) of subdivision (a), the commission may issue a credential to a person found to be insane through a criminal proceeding by a federal court or a court in this or any other state if the commission determines from the evidence presented that the person has been rehabilitated for at least five years.
    It appears that you may have hope if the expungement you've received in Arizona is equivalent to the certificate of rehabilitation and pardon described in the statute.

  5. #5

    Default Re: Conviction Set Aside, Trying to Get a Teacher Credential in California

    Wow. That is really great of you, and I am impressed. I have renewed hope, and since this is what I feel is my life's calling, I am happy to know there may be the slightest chance of hope for me. You know, it is a terrible feeling to have a mistake follow you around for the rest of your life, even when you've done everything possible to make amends.

    I am going hire an attorney I suppose- what is working in my favor is the fact that I do have a certificate of completion from the program, I have letters from professors, bosses, and a therapist, and most importantly, the pardon/expungement.

    Once again, *Thank you* very much for the timely response, and I will update you with the outcome whenever that is, or along the way. My understanding is that this could take several months. As of right now, they have given me sixty days to come up with the court documents and whatever proof I can provide of my rehabilitation.

    I hope that this thread can remain open for a while, or perhaps they can re-open it if I have something more to ask.

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