How a Dismissal Can Help You Get a Job or Keep Your License – Discussed by a San Diego Defense Lawyer

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.

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San Diego Criminal Defense Attorney Discusses How to Handle Booking and Bailing After a DUI Arrest

With the holiday season upon us, the amount of DUI checkpoints heavily increases in Southern California, and so do the amount of DUI arrests. If you find yourself being arrested for a DUI, you probably have many questions and concerns regarding the process and what actions you should take. Typically in a DUI scenario, a person is either pulled over on a freeway or street, or at a DUI checkpoint by an officer and is subjected a Breathalyzer test or is asked to take a field sobriety test. Based on those results or an officer’s observations, the officer may arrest the suspect for driving under the influence. A person can be charged with a DUI for driving under the influence of either alcohol or drugs, or a combination of both. Regardless of the influence, if their judgment is impaired and their ability to drive is hindered, they are likely to be arrested, booked and processed. It is always recommended that you call an attorney you can trust who will quickly and attentively support your defense, however there are some things you need to remember regardless of how you choose to proceed.

Booking Process After a DUI Arrest

The booking process essentially begins as soon as you are arrested. When you arrive at the police station, your fingerprints and personal information will be taken, and any items on your person will be searched and most likely confiscated. Your photograph will be taken and a background check will be performed to review your criminal history and any other relevant information about your past. You will then most likely be held in a jail cell or holding cell alone or with other individuals.

Generally, those people who are brought in and arrested for DUI are released on bail or a term commonly known as “own recognizance.” Once you have been booked you may be given the option to post bail and be released from jail in exchange for monetary payment. There is a caveat to this release in that the suspect must return for their court appearance, which is usually scheduled for a future date soon after the arrest. If the amount of bail is set by the judge at a later time, he or she will set an amount based on the person’s ties to the community, their work or familial obligations, their risk of flight, the severity of the offense and the suspect’s criminal history.

The individual who was arrested, a family member, or a bail bondsmen may post bail for the suspect to secure their release. A bond may also be posted with an agreement to pay the full amount should the suspect not attend their court appearance. On the other hand, if an individual is released on own recognizance, no amount of bail money or bond is owed and the suspect is free to leave. Some restrictions may be imposed such as not being allowed to travel outside of the state for example.

How Contacting a San Diego Defense Attorney Can Help With Your Recent Arrest

Whether you were arrested for the first time or you have a criminal history or record, our office understands the frustrations you are experiencing. We pride ourselves in aggressively protecting our client’s rights, and that often begins at the booking and bailing stage of an arrest. San Diego Defense Attorney Ashby Sorensen is a trusted attorney who knows how to act quickly and in your best interest. Call (858) 999-6921 now for your free consultation and protect your rights today.

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