Criminal Defense Q&A: I Was at the Top of My Class in My Pharmacy Technician Program, But I Have Outstanding Fines on Two Old Convictions — Am I Eligible for Expungement?
Question:
I have a petty theft case and a misappropriation of lost property on my background; it’s been really tough finding a job. I enrolled and graduated at the top of my class for pharmacy technicians only to find out they did Live Scans. I would like to get everything expunged so hopefully I can pass soft background checks for other jobs. I have been making payments every month to 3 revenue accounts but some including the fees for my private defender were so old and underpaid that it got sent to collections. Can I still get an expungement done? I’m at a dead end here. I feel like I am trying my hardest to fix my past, but it’s leading me to a dead end. I have two kids that are still going through school. Am I doomed to be unemployed?
Answer:
To be eligible for expungement, you must complete all of the terms of your probation; this includes all of the fines and fees associated with your case. It doesn’t matter whether you make the payments to the Court or to collections; what matters is that you ultimately pay your debt in full.
Once you’ve completed your payments, you can include with your petition for expungement the payment receipt from collections that states that your balance is zero.
It would be prudent to consult with a criminal defense attorney about how to present your matter in the best light–the charges show a pattern of behavior; however, your academic achievement is remarkable, and Courts can be sympathetic to a person who is capable, but struggling, to find an honest means to provide for his family.
Additionally, an expungement demonstrates that a person was not sent to prison, that he took affirmative steps to complete his probation, and that he has rehabilitated to the satisfaction of a Judge. If you can expunge your convictions, perhaps it may be worth your time to try again to get your pharmacy technician certification.
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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.
