Criminal Defense Q&A: Will My Shoplifting Conviction Stop Me from Going to Nursing School?
Michael explains the process for acquiring an expungement for a misdemeanor, the effect of doing so, and what the user should do if the crime he was convicted of took place when he was a minor.
Question:
In 2005 I was arrested for shoplifting. I just recently found out that I was just convicted and found guilty in 2011. It was misdemeanor and it has been years since then. I did not have a public defender. I have not broken any laws not had any more criminal activity and have been a part of the college system. Since then I have received my EMT certification and would like to continue on to nursing school. I just recently found out that if I have any type of misdemeanor or felony criminal record within 7 years there is no need for me to apply to nursing school. I would very much like to continue to nursing school seeing as how I have completed just about all the prerequisites. I would like to know how can I get my record expunged so I can continue on with the background checks for nursing applications and then to receive my board of nursing license?
Answer:
To expunge a misdemeanor, you must file a “Petition for Dismissal” (via State Form CR-180) with the Court. You may be charged a filing fee to do so, depending on the county where the conviction occurred. If you’ve completed your probation and have not engaged in any criminal activity since, you should be eligible for an expungement.
However, even if you get your conviction expunged, you must still disclose it when applying for a license from a state agency. See Penal Code 1203.4(a)(1). Note: A licensing agency may not deny granting a license to an applicant solely because the applicant has an expunged conviction. See Business and Professions Code §480(c).
To see what incidents, if any, show up in your record, you can commission a background fingerprint check. Just Google “live scan fingerprint background check” and navigate to the California Attorney General’s webpage. Note: Once a conviction is expunged, it will still appear on your record ; however, there will be a notation next to the conviction indicating that the conviction was later dismissed via Penal Code section 1203.4, which is the expungement statute.
If the shoplifting occurred when you were under the age of 18, chances are that your case was resolved in juvenile court. If you completed your juvenile probation, then the Court should have automatically dismissed the juvenile petition; sealed all of the Court’s records regarding that petition; and ordered the police, the Probation Department, and the Department of Justice to seal all of their records regarding the petition as well. See Welfare and Institutions Code 786(a).
Continue reading criminal defense attorney Michael J. Ocampo’s answer at Avvo: How do I get my misdemeanor record expunged?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
