Will I be denied my job application for a dismissed charge? - Criminal Law Questions and Answers- LawQA.com

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Will I be denied my job application for a dismissed charge?

I was arrested for a petty theft but never convicted of it. they gave me a bargain and i plead no contest to a "tampering with a vehicle charge". Never plead to the petty theft, it was just dismissed. Wanting to expunge soon and I want to take my Series 7 test to become a stock broker. Will they deny my application? even though I was not convicted to the PT charged, the series 7 exam board says that a crime of "dishonesty" can disqualify you. Do I stand a chance?

Answer By Dennis Roberts
Dennis Roberts, a P.C.
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You should be ok. Get a lawyer to file a petition under P. C. 1203.4 or you can do it yourself. There are forms available at the court. You can find the statute by Google

Answer Applies to: California
Replied: 8/4/2011

Law Office of Eric Sterkenburg
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You should be ok. If the test application asks if you have ever been convicted of a crime of dishonesty you can put down NO.

Answer Applies to: California
Replied: 8/4/2011

Law Office of Peter F. Goldscheider
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You should get the expungement and apply. There is no way of knowing how important it will be to them.

Answer Applies to: California
Replied: 8/4/2011

Lowenstein Law Office
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It depends on several factors.

Answer Applies to: California
Replied: 8/4/2011

Answer By Paul Wallin
Wallin & Klarich: A Law Corporation
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Well if what you plead to is a crime of "dishonesty" which it appears the crime is, then it was probably not wise to have done so. You can expunge your record per PC 1203.4 when you are no longer on probation. However, even when you do so a licensing board will be able to find out about the situation and in most cases can "look behind" the plea and attempt to determine what the underlying facts of your case were. You definitely need to consult with a lawyer experienced in administrative law before you take your next step.

Answer Applies to: California
Replied: 8/3/2011

The Law Offices of Robert L. Driessen
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Understand that you did plead guilty to a charge you plead no contest to tampering with a vehicle. A no contest plea is the same as a guilty plea in every way except that it prevents the plea from being used against you in a civil case. The good news is that the charge does not have the same negative connotation as the petty theft charge. It will negatively effect your series 7 application but that does not mean it will prevent you from getting it. You will need to fully detail the events to make sure that the board understands you are not a dishonest person.

Answer Applies to: California
Replied: 8/3/2011

Law Offices of Martina A. Vigil, PC
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This is a question that can only be answered by your potential future employer since it is employment specific. If the petty theft was dismissed, you were never convicted of that charge.

Answer Applies to: California
Replied: 8/3/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
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The dismissed charge won't affect you, but the "tampering" charge certainly can. While it may not be a crime of moral turpitude, imagine any employer seeing it and what they will think. You should contact an attorney about expunging it.

Answer Applies to: California
Replied: 8/3/2011

Answer By Joe Dane
Law Office of Joe Dane
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For *most* private employers, it's the bottom line that counts - what, if anything, you were convicted of. When it comes to licensure, however, it may be different. You may be required to disclose the conduct/arrest/charge and the ultimate outcome. The last thing you want is to have your application denied for failing to disclose something when disclosure and an explanation may have been okay. I don't know where you'll fall in all that however. Better safe than sorry - before filling out any applications, sit down with an attorney that specializes in licensing issues to discuss your obligations to disclose, what an "expungement" can do vs. what it won't do. [As an aside, California doesn't have a true 'expungement' law that will wipe things from your record. We have a dismissal section under Penal Code section 1203.4, but it still may have to be disclosed as a conviction in certain circumstances such as licensing.] If you're in Southern California and need a referral to a licensing attorney, contact my office at (714) 532-3600. While I don't practice license law specifically, I have a good licensing attorney to refer you to if you're interested.

Answer Applies to: California
Replied: 8/3/2011

Answer By Terry Nelson
Nelson & Lawless
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I cant answer that, only the licensing agency can. It is entirely within their discretion. Your record shows arrest for one dishonesty charge, and conviction for a different dishonesty charge. The agency and employers will see both. If the conviction is not one that bars you from licensing under their list, then you might be ok. You should contact the agency, fully discuss your history, and see what they say now, before investing time and money in training. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

Answer Applies to: California
Replied: 8/3/2011

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