We’ve all heard the good news about the recent (albeit, slight) economic bounce. The housing market has rebounded, even bringing the return of residential property “bidding wars,” a seemingly-bygone phenomenon relegated to the housing market’s glorious past (i.e., pre-subprime mortgage / housing crisis, pre-Great Recession). Consumer spending has risen in areas other than real estate, as well. Many economists believe this resurgence in economic growth is the result of the President’s 2009 Stimulus Package, which funneled money back into the private sector by way of tax incentives for individuals and companies, aid to low-income workers, and infrastructure investment, among other things. Whatever the reason, the US economy is experiencing a resurgence, bringing with it new opportunities.
Among those opportunities is an increase in the availability of jobs. Throughout various sectors of the economy, people are now able to find work far more easily than during the barren, jobless days of the Great Recession. However, some people, even with these opportunities, are unable or they will be unable to secure work. No matter how qualified. Why is this?
We’ve all seen articles from obnoxious “self-help” or “rèsumé” gurus who think they have the foolproof solution or recipe for being the perfect job candidate. While some of them do offer helpful advice, oftentimes it’s not anything you’re doing or not doing keeping you from securing you a job; it’s something you’ve done in your past.
Understandably, a major concern among employers is hiring the wrong person. If the job applicant was convicted of a theft crime, the employer may be afraid he or she will be hiring a dishonest person. If the job applicant was convicted of DUI, the employer may fear hiring someone who may have a drug or alcohol problem. Or the employer may find it difficult to insure the applicant if the job primarily involves driving. If the job applicant was convicted of a violent crime, the employer may fear hiring someone who is emotionally unhinged or unpredictable, liable to “snap” at a customer or fellow worker.
Also, beyond harboring personal qualms, the employer may fear a “negligent hiring” lawsuit if he or she hires the wrong person. For example, if (1) an employer hires an employee with a “checkered” or criminal past, (2) the employer is aware or should have been aware of the employee’s past, and (3) the employee goes on to inflict some harm on a client or customer, the employer may be civilly liable and sought after in court for monetary damages. Even if the employer never personally inflicted damage on the plaintiff, the employer is said to be “vicariously” liable through a doctrine known as “respondeat superior.” So, suffice it to say, hiring an employee with a criminal conviction can come with it’s practical and legal entanglements and liabilities.
“I Understand. But I Still Need to Find Work. What do I do?”
The employer’s concerns are comprehensible. However, a person’s criminal background does not always a render a fair assessment of how he or she will behave in the future. It is not necessarily a harbinger of recidivism but rather the result of an unfortunate but isolated incident.
There are any number of situations where this is the case. For example, in our era of ubiquitous drug laws, where possession of even a small amount of drugs can trigger an arrest, charge and conviction, even trustworthy and honest employment-worthy job applicants can find the job market inhospitable if they are anchored down to a drug conviction. Or, given how the DUI laws are written, even a slight amount of alcohol consumption can incur a DUI arrest if your blood alcohol concentration was 0.08 percent or higher when you were pulled over (and, now, there is talk of reducing the amount it takes to be legally intoxicated at 0.05!). The bottom line is that it is unfair to judge a person’s character by what he or she did in a “moment of weakness.”
If you have been convicted of a crime in California, with some limitations, you may qualify for what is called an “Expungement” of your criminal record.
What is an Expungement?
Under California Penal Code Section 1203.4 PC, you can have your record of conviction updated to show that your guilty plea has been withdrawn. In other words, the expungement shows that you entered a plea of “not guilty” in it’s place. It also shows that your case has been dismissed. This can exponentially help your chances of getting employed.
How Do I Know I Qualify for This?
As a general rule, you are entitled to an expungement of your California criminal record if you have successfully completed probation and you are not currently charged with a crime or currently on probation or serving out a sentence for a criminal offense.
However, even if you are on probation, you can motion the court to terminate probation early. This way you do not have to wait until probation is over. Also, it is in your best interest to seek to be off probation. Probation can come with very burdensome terms, for example, “search and seizure” conditions where the police can search you without probable cause. If you are on probation, even a minor brush-up with the law can result in a criminal charge that could subject you to mandatory jail time (“probation violation”). Even a routine traffic stop can be a great hassle if the police conduct an extended interaction with you on the basis of your being on probation. If you are on probation for DUI (under California Vehicle Code Section 23152(a) and/or California Vehicle Code, for example, one of the terms is that you refrain from having any measurable amount of alcohol in your blood. In other words, if you are pulled over with so much as 0.01 percent blood alcohol, you could be in violation of your probation and face mandatory jail time. Why would anyone on probation want that hassle?
I Was Arrested But Never Charged or Convicted with a Crime. Can I Be Helped?
Yes. You may qualify to have the record of your arrest sealed under California Penal Code Section 851.8 PC. If you were not charged with a crime, your criminal defense attorney can petition the court to seal and destroy your arrest record.
A good California criminal defense attorney will know how to convince the court to terminate your probation early so that you qualify for an expungement.
This will open up new opportunities for you that you may not have had prior to getting your case expunged. And then you, too, may be able to secure or keep employment without the fear of the “skeleton in the closet” preventing you from landing a good job.
If you have any specific questions about these forms of relief and you feel you may benefit, you may contact my office directly at 1-855-FUK-JAIL or 1-855-385-5245. Free consultations are available.
(Disclaimer: Nothing in this article or anywhere on this blog constitutes legal advice or counsel. This article constitutes the attorney's opinions, only. This article is merely an overview of the law concerning expungements and there are many nuances, variables and qualifiers to it's applicability and scope. Expungements do not "remove" or "erase" a person's record, per se).
The Coimbra Law Office has been successful at expunging criminal backgrounds and petitioning the court to terminate probation early. We offer other forms of post-conviction relief, as well, such as seeking the court to vacate your conviction in it’s entirety if there was a defect in your plea. Lorgio Coimbra is an extremely well-versed, highly-experienced, highly-skilled criminal defense attorney with a virtual encyclopedic knowledge of California criminal law. If you have a criminal conviction that you would like expunged, call my office at 1-855-385-5245 or contact me by e-mail at CoimbraLaw@Yahoo.com.
Also, beyond harboring personal qualms, the employer may fear a “negligent hiring” lawsuit if he or she hires the wrong person. For example, if (1) an employer hires an employee with a “checkered” or criminal past, (2) the employer is aware or should have been aware of the employee’s past, and (3) the employee goes on to inflict some harm on a client or customer, the employer may be civilly liable and sought after in court for monetary damages. Even if the employer never personally inflicted damage on the plaintiff, the employer is said to be “vicariously” liable through a doctrine known as “respondeat superior.” So, suffice it to say, hiring an employee with a criminal conviction can come with it’s practical and legal entanglements and liabilities.
“I Understand. But I Still Need to Find Work. What do I do?”
The employer’s concerns are comprehensible. However, a person’s criminal background does not always a render a fair assessment of how he or she will behave in the future. It is not necessarily a harbinger of recidivism but rather the result of an unfortunate but isolated incident.
There are any number of situations where this is the case. For example, in our era of ubiquitous drug laws, where possession of even a small amount of drugs can trigger an arrest, charge and conviction, even trustworthy and honest employment-worthy job applicants can find the job market inhospitable if they are anchored down to a drug conviction. Or, given how the DUI laws are written, even a slight amount of alcohol consumption can incur a DUI arrest if your blood alcohol concentration was 0.08 percent or higher when you were pulled over (and, now, there is talk of reducing the amount it takes to be legally intoxicated at 0.05!). The bottom line is that it is unfair to judge a person’s character by what he or she did in a “moment of weakness.”
If you have been convicted of a crime in California, with some limitations, you may qualify for what is called an “Expungement” of your criminal record.
What is an Expungement?
Under California Penal Code Section 1203.4 PC, you can have your record of conviction updated to show that your guilty plea has been withdrawn. In other words, the expungement shows that you entered a plea of “not guilty” in it’s place. It also shows that your case has been dismissed. This can exponentially help your chances of getting employed.
How Do I Know I Qualify for This?
As a general rule, you are entitled to an expungement of your California criminal record if you have successfully completed probation and you are not currently charged with a crime or currently on probation or serving out a sentence for a criminal offense.
However, even if you are on probation, you can motion the court to terminate probation early. This way you do not have to wait until probation is over. Also, it is in your best interest to seek to be off probation. Probation can come with very burdensome terms, for example, “search and seizure” conditions where the police can search you without probable cause. If you are on probation, even a minor brush-up with the law can result in a criminal charge that could subject you to mandatory jail time (“probation violation”). Even a routine traffic stop can be a great hassle if the police conduct an extended interaction with you on the basis of your being on probation. If you are on probation for DUI (under California Vehicle Code Section 23152(a) and/or California Vehicle Code, for example, one of the terms is that you refrain from having any measurable amount of alcohol in your blood. In other words, if you are pulled over with so much as 0.01 percent blood alcohol, you could be in violation of your probation and face mandatory jail time. Why would anyone on probation want that hassle?I Was Arrested But Never Charged or Convicted with a Crime. Can I Be Helped?
Yes. You may qualify to have the record of your arrest sealed under California Penal Code Section 851.8 PC. If you were not charged with a crime, your criminal defense attorney can petition the court to seal and destroy your arrest record.
A good California criminal defense attorney will know how to convince the court to terminate your probation early so that you qualify for an expungement.
This will open up new opportunities for you that you may not have had prior to getting your case expunged. And then you, too, may be able to secure or keep employment without the fear of the “skeleton in the closet” preventing you from landing a good job.
If you have any specific questions about these forms of relief and you feel you may benefit, you may contact my office directly at 1-855-FUK-JAIL or 1-855-385-5245. Free consultations are available.
(Disclaimer: Nothing in this article or anywhere on this blog constitutes legal advice or counsel. This article constitutes the attorney's opinions, only. This article is merely an overview of the law concerning expungements and there are many nuances, variables and qualifiers to it's applicability and scope. Expungements do not "remove" or "erase" a person's record, per se).
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