QUESTION
Can i get my PC1000 records sealed in CA if I've successfully completed the diversion program?
Asked on Jul 09th, 2012 on Criminal Law - California
More details to this question:
I successfully completed the diversion program in CA for a misdemeanor charge of possession and am now clean and sober. I am 26 years old and am scared that on a background check this will prevent me from getting a job (even though that is against the law) can I get my records sealed? If yes, will this preven this case from showing up on employer background checks?
6 ANSWERS
Criminal Law Attorney serving Oakland, CA
at
Dennis Roberts A Professional Corporation
Update Your Profile
They should have been sealed and probably are. Go to the local police and tell them you want to see your C. I. & I. that's what they call a rap sheet in CA. They will take your photo, your prints and charge you for this. But then you will see exactly the prospective employer will see if you give him permission to get your rap sheet. The trouble with the internet is that this shit is all over it. Google your name - it will probably show your case.
Answered on Aug 13th, 2012 at 1:41 PM
Simple answer: YES. Because the public can view a person's criminal record, it is always in your best interest to have your criminal record sealed. By having your criminal record sealed, it allows you and any other individual in a similar situation to move on from their mistakes. Without expunging or sealing your criminal record, your criminal history could preclude future opportunities.
Answered on Aug 10th, 2012 at 11:30 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
The court should have ordered those records sealed. Check with the court where you were convicted.
Answered on Aug 10th, 2012 at 10:14 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Unlikely. It would require overwhelming legal good cause , and your personal desires and employability are not that. PC1000 is supposed to result in no conviction on your record, so check to see the truth.
Answered on Aug 10th, 2012 at 9:15 PM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
The only way to get your records "sealed" is to successfully petition the court for a finding of factual innocence. The court would need to find that there wasn't even probable cause for the arrest. The chances of successfully petitioning the court in your situation are probably around zero because you took diversion. However, the good news is is that, since you took diversion and completed it successfully, you were never actually convicted of the crime. Conviction doesn't occur until sentencing and judgment. With diversion, you only get sentenced if you fail diversion, which you didn't. So, if anyone asks whether or not you have been convicted of a misdemeanor, you can truthfully say no (at least as it relates to this case).
Answered on Aug 10th, 2012 at 9:04 PM
No you cannot. PC 1000 completion results in a dismissal of the charge, and that is the best outcome you can get. There is no such thing as sealing a dismissal.
Answered on Aug 10th, 2012 at 8:55 PM