Criminal Defense Q&A: Can I Be a Medical Stenographer If I Have an Old Felony Conviction for Child Abuse?
Question:
I was arrested and charged with felony child abuse 13 years ago after my daughter received a burn to her leg caused by extremely hot water while she in the tub. At 18 years old, I had no idea of the horrible consequences of my decision to accept the plea deal would have on my life. As a result of my no contest plea, I received a felony conviction for child abuse and was sentenced to serve 180 days in L.A. County jail. I was placed on formal probation for 5 years, which included random drug testing, and required the completion of 32 weeks of child abuse and parenting classes as well as 16 weeks of individual counseling. I served my jail time, successfully completed 5 years of formal probation without violation, and passed every drug test. I also completed all court-ordered classes. I have decided to go back to school and have been accepted into college. I plan to pursue a career in criminal justice or a career as a medical stenographer. Before I can decided on a career path I need to know whether my “no contest” plea deal-can be expunged?
Answer:
You are eligible to expunge your conviction.
Expungement is available to those who receive, and who are able to successfully complete, a sentence of probation. This is true regardless of whether your underlying conviction was for a misdemeanor or a felony. Penal Code 1203.4(a).
If your underlying conviction was for felony child abuse in violation of Penal Code 273d, then you can take the additional step of asking the Court to reduce the charge to a misdemeanor before expunging it. Penal Code 17(b)(3).
Most employers are prohibited by law from discriminating against applicants because of an expunged conviction. However, there will still be instances when you’ll be required to disclose your conviction–such as when applying for a state license or seeking employment with a criminal justice agency. Labor Code 432.7, Penal Code 1203.4.
Even if you must disclose your conviction, an expungement can help you present your circumstance favorably to a prospective employer or licensing agency. An expunged conviction communicates that you have completed your probation, that you were not sentenced to prison, and that you were able to rehabilitate to the satisfaction of a judge. A felony that was further reduced to a misdemeanor and then expunged signals that your misconduct was less severe than it initially seemed.
Most people are unaware of the long-lasting effects of pleading guilty to a crime. But you do have options to help you firmly put this incident behind you.
Read other criminal defense attorney answers at Justia: Can I Be a Medical Stenographer If I Have an Old Felony Conviction for Child Abuse?
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.
