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June 2015 Archives

Expungements save Jobs

An expungement can save jobs and allow your criminal case from being used in California to deny employment, terminate employment or deny promotion.  You cannot be asked about an expunged offense nor cannot it be sought after or used in anyway for employment.  There.are some exceptions like law enforcement employment.  See California Labor Code 432.7 for a full explanation.  The California expungement sections are Penal Code (PC) 1203.4 and 1203.4a and allow you to withdraw your guilty plea, enter a "not guilty" and dismiss the case for most purposes if you successfully completed probation on most felonies and misdemeanors.  You are not eligible if you had a prison commit on the case, but you may be eligible for a Certificate of Rehabilitation.

Does a first DUI sentence include any Jail in Vista?

A first DUI sentence can include jail time, but usually it can be avoided. Technically, the DUI sentence can include zero to 6 months of jail, but realistically actual custody is rare with a first offense.  There are alternatives to custody often used in a first DUI sentence like public work (Cal Trans trash pick up) in lieu of custody or possibly volunteer work if you are elderly or have a medical condition that would prohibit public work.  Sometimes cases can be resolved with probation just fines and a DUI program, no work or jail.  There are many factors to be considered and utuilized to try to avoid public work as well as custody and get lesser charges or penalties.

What happens with a petty theft in Vista Courts?

Petty theft cases are misdemeanors which are defined as thefts of $950 or less in value.  These charges can carry possible serious consequences not only in penalties but also impact employment, careers, professional licensing, security clearances, education, immigration and other important aspects of an individual's life.  Most petty thefts are shoplifting cases and involve the stealing of merchandise from a store.  The penalties can include possible custody or alternatives up to 6 months and fines up to $1000 depending on the facts of the case, individuals background, prior record, sophistication and other considerations.   

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