How a Dismissal Can Help You Get a Job or Keep Your License – Discussed by a San Diego Defense Lawyer
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Although it is safe to assume that no one wishes to have a criminal record or be convicted of a crime, it may surprise some people to fully understand the ramifications and negative effects both can have your life. Some individuals plan to tackle their case on their own without fully grasping the weight of what is at stake, and how a guilty conviction may hinder them from gaining employment or a driver’s license. A qualified and experienced defense lawyer understands the applicable California laws, and is able to present aggressive defenses, expunge a record or request a dismissal in order to protect your legal rights, your future and your freedom.
How a Dismissal Relates to Employment
In California, there are certain laws and regulations pertaining to what employers can and cannot ask a prospective employee who wishes to be hired. Although there are restrictions for both public and private employers, your chances of being hired are far more likely if you are to receive a dismissal in comparison to a conviction. Per California law, private employers cannot specifically ask a potential employee about any arrests that did not lead to conviction. Therefore, if you were arrested but you were not convicted of a crime, you do not have to disclose that in your application or during an interview. A private employer has legal boundaries and only has the ability to ask you if you have been convicted of a crime, or if you are out on bail or on your own recognizance pertaining to a recent arrest. On the other hand, public employers require far more transparency considering you are required to submit fingerprints and a standard background check. This will result in full disclosure of any and all convictions or arrests in your past and detail your entire criminal history.
Past Conviction Dismissal or Expungement
California also allows individuals to dismiss past convictions if enough time has passed and certain qualifications are met. Although a dismissal is ideal, an expungement can also benefit your well-being and help to clean up your record. Commonly misunderstood, an expungement does not in fact erase previous convictions but vacates convictions or guilty pleas and replaces them with dismissals. To expunge a record, an attorney can petition the court asking to expunge a record, including all offense information and pertinent details to assist the judge in making his or her decision.
Contact a San Diego Defense Lawyer Today to Discuss a Dismissal or Record Expungement
If you have a past that is hindering your present or holding you back from a better future, San Diego Defense Lawyer Ashby Sorensen can help. His years of experience have helped him to understand the frustrations and concerns you may have, and he has helped many individuals just like you clean up their record. Call (858) 999-6921 now for your free consultation and exercise your rights to a cleaner record today.
