As the New Year approaches, a new beginning is possible. In these times of high unemployment, stiffer competition and stricter rules in hiring, make sure your criminal record is “fixed.” I had a client recently come in to my office who had completed her nursing credentials but was denied her license by the board due to her prior seven criminal convictions. I would like to state that this is a rare occurrence but unfortunately, it is not.
What made her case even more compelling as I reviewed her documents, specifically the court minute orders, is that most except fortwo convictionscould have arguably been prevented from being convictions. Some of the criminal charges could have been negotiated through a drug diversion program or reduced to a lesser charge
I always tell my clients, I have worked with many public defender or court appointed attorneys. However, they have hundreds of cases and to expect a long detailed consultation with each defendant does not occur. As such, many who do have public appointed counsel come to my office not having complete copies of their court cases such as the complaint, police reports etc. They are less likely to understand the criminal process and consequences of their conviction.
In my office, I always make sure all my clients have all documents provided to me in the case. It assists my clients in understanding the case and the formulation of the defense. Additionally, having all your documents also will make it easier to expunge the case or explainthe details to prospective employees, college admission staff or in immigration applications.
But as the cited example exemplify, correcting prior criminal convictions for, including but not limited to, present or future employment, schooling, immigration purposes are difficult but not impossible. Since this individual has remained crime-free for a substantial period and has a stable family life, filing the necessary motions with the court is the avenue to pursue. It will not be easy to convince a judge to expunge most of the misdemeanor and felony convictions, but it should be done immediately if she wants “to move on with her life.”
Many of us are clearly aware that licensing boards are under scrutiny to hire and keep the most qualified individuals. The definition of qualified is generally dictated byobjective criteria but what is criticalare that many professional licensing boards will closely question an applicant who has had prior criminal convictions. It is now widely circulated that due to an extensive investigation of the California Board of Registered Nursing and the Department of Consumer Affairs that oversees the board have come under scrutiny.
With such close scrutiny and public dismay of the board’s dismal oversight, there will be sweeping policing changes to occur. One example is that the board wants to arrange a one-time computer sweep of other states’ actions to determine which of them involve California nurses. Until recently, the state did not even ask nurses renewing their licenses whether they had been disciplined elsewhere or convicted of crimes. It began doing so only after there media investigationshighlighted the loopholes. Due to the growing demand for pristine criminal records of applicants for work, school, immigration, it is critical that individuals must act now to clear their criminal pasts. If a conviction can be expunged and the individual is now leading a crime-free life, the judge with the consent of the prosecutor will likely agree that the prior guilty conviction be changed to record a not guilty plea.
What is also patently clear from my example above is that when it comes to paying for legal service “you get what you pay for.”The old maxim that doing it right the first time is the rule of thumb when it comes to hiring an attorney. While you may think you are saving some money in the short term, it could cost you a great deal more in the long run.