Hi,I am going to be sentenced next month on the following charges 1) misdemeanor assault with deadly weapon2)misdemeanor vandalism3)misdemeanor domestic violenceThis is my first time ever getting in trouble with the law. I have a private attorney and an extensive mental health history, that is why my attorney was able to get the felony assault charge reduced to a misdemeanor. The crime was against my ex boyfriend, who has a long criminal history, several prior domestic violence charges, and a registerd sex offender. I had some ?s1) Is it likely the DA will agree to let me do my time on house arrest? I have to go see my psychologist weekly and the DA is trying to give me 45 days jail time. Is it likely she will agree to house arrest?2) is misdemeanor assault with deadly weapon considered a violent offense? Or will I be able to serve 1/2 time on this charge?3)Once I am through with probation and I do really good and pay all my fines, etc, and I get my record expunged, with the exception of government jobs, or jobs with children or law enforcement, none of which I am interested in.. I am interested in getting a human resource job with a coorporation.... Will the expunged record show up on a background check?
State/Country relating to question: California
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I am sorry you are in this situation.
First, all are misdemeanors, which is very good, and your lawyer has done you well in getting the felony reduced to a misdemeanor. This is very important.
I would ask the Prosecutor to agree to a suspended sentence on the jail time or give you time served if you were in jail at all. If not, then ask to serve the jail time on the weekends so that you can meet with your doctor. It will take longer, but you would be able to continue your treatment uninterrupted.
California Penal Code 1203.4 allows for those convicted of most misdemeanors and felonies to have their case reopened, the finding of guilt withdrawn and the case dismissed (expunged). Once expunged, the conviction comes off of their record and they can truthfully say they were never convicted.
You could also ask for 'adjudication to be withheld' so that you won't have a conviction on your record. Also, ask if there is a pre-trial diversion program that you can complete and then have the charges dismissed. The weapons use may have kicked out of being in the diversion program, but I would ask.
I wish you the best.
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Im sorry, but I really do not feel you are addressing my ?s1) I asked you about house arrest- not weekend work.. Do you think the judge is likely to agree to HOUSE ARREST? 2)You completely ignored my ? about if assault with deadly weapon as a misdemeanor is a violent offense or not? and will I be eligible to serve 2/3 time?3) You did not answer my ? about expungement.. I already know that I can write after an expungement that I was not convicted. However, my ? is, on an expungement, will the record still show up on a background check?
1. House arrest is not common for misdemeanor charges, but it is possible. House arrest is a monitored service and it will depend on whether the local misdemeanor probation office is set up for monitoring. You will have to pay the monitoring services if it is available. 2. It is a violent offense, but it is a misdemeanor charge at this point. You probably will not be eligible for gain time (2/3 time).3. An expunged record will not show on a normal background check, but your arrest will show and if you are applying for certain jobs that require a security check or applying for various licenses, such a law, medical, or any other professional license, you must disclose the charges even thought they have been expunged.
So I was told that the misdemeanor assault charge- I would be able to serve 2/3 time. R you sure I wont be able to?Also, In regards XXXXX XXXXX expungement, Are you saying that on any background check, no matter what the job, the record will still show the arrest? How can I conceal the arrest record as well as the conviction?
You stated that it was an assault with a "deadly weapon". That is usually considered a violent charge. That term is probably from the original felony charge. You will want to make sure it was not just dropped to a misdemeanor assault with a weapon. IF that is the case, then yes, you should qualify for 2/3 time. I hope this is the case for you!
I am very disapponted, you just seem to be ignoring my ?s all together, I asked you to verify the case of the expungement in my last ? and you did not even answer or address that
I apologize fro missing the second question. Concealing or expunging an arrest record is almost impossible now with the internet and all the access to public information. All anyone has to do is google your name and the jail records may show up. We live in an age of open information, that is good most of the time, but it can cause problems with issues such as this. If an employment application asks about arrest, you can refuse to answer and declare it as an inappropriate question. They should ask about convictions of crimes, but some older forms will ask about arrests. This is generally improper unless the job calls for a security clearance, or involves access to sensitive or secure information, such a bank teller job.
not happy with answers. Will not ask any more ?s from this expert
I have opted out so another expert can assist you.Good luck with your situation.
can you please just answer me one ?... is a misdemeanor domestic violence charge.. I think the penal code is 243 e 1 .. is that considered a violent offense?
I am sorry, I thought you did not want my assistance any longer. Of course, I am happy to help you.The misdemeanor domestic violence charge would not be considered a violent offense in most cases. It should qualify you for gain time.
I am sorry, first of all, under CA law there is no real expungement to be granted in any case unless you have been found not guilty or the case was dismissed There is a process for you to apply to have a conviction set aside in some cases (as your previous expert stated correctly), but the charges you described above are indeed considered violent offenses under CA law, especially the assault.To answer your specific questions above:1) If this is a first offense, there is a good chance of probation and no jail time as long as you are actively engaged in counseling and treatment. 2) Misdemeanor assault IS a violent offense and the 1/2 time is not likely IF they put you in jail, which as a first offender (if you are a first offender) is not likely that you will see jail. You will likely see 18-24 months of probation with a 1 year suspended sentence (common sentence for these charges especially with someone who has a mental health history).3) As explained above, once you clear your probation, you would have to apply to the court to have the convictions set aside before you could get an expungement and this is not an easy process. If you do get this done, then you do not have to report the charges as a conviction AND they are not supposed to be reported by background checks as convictions.
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Thank you,so are you saying that in regards XXXXX XXXXX expungement, once the conviction is set aside and expunged, it WILL NOT SHOW up on a background check? IS that correct? and what about the arrest? will that show up?
If the conviction is set aside and expunged it will not show on your record and is only able to be seen by certain state agencies and law enforcement agencies. The entire record would be expunged, including the arrest.
I forgot to ask you,is it likely the Da will agree to let me serve my jail time on house arrest given the menal health history and my weekly doctors appointments. She is wanting me to do 45 days jail time, but I am willing to do double that if she agrees to house arrest. Is it likely? and any suggestions on how she may be persuaded?
House arrest is rarely granted and while it may be possible if you need ongoing treatment, but that is something your attorney is going to have to negotiate for you.
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