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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 484
Experience:  Attorney and Counselor at Law
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I had 3 misdemeanor charges in Nov.2015. I am currently on 3

Customer Question

I had 3 misdemeanor charges in Nov.2015. I am currently on 3 years probation and I have been compliant with probation terms. The charges were CA 242-PC 594 (a)(b)(1) and PC 69. I am recertifying my Massage and Estethec***** *****cense in Calif. I need to write a strong letter of proof of rehabilitation. How detailed should I get in the letter? I wasn't at a business that involved massage therapy services.
Submitted: 7 days ago.
Category: Criminal Law
Expert:  Colleen Grady replied 7 days ago.

Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

Expert:  Colleen Grady replied 7 days ago.

Was your license suspended due to the misdemeanors?

Customer: replied 7 days ago.
No I am renewing my license for California Massage therapy. Renewal is every two years. One of the questions is criminal background and explanation of of rehabilitation. I will send you a link of the criteria.
Expert:  Colleen Grady replied 7 days ago.

Thank you

Customer: replied 7 days ago.
No I have to renew my license every two years . One of the questions is to explain the misdemeanors.
Customer: replied 7 days ago.
Customer: replied 7 days ago.
the other part is criteria considered and explanation of incident-
Expert:  Colleen Grady replied 7 days ago.

Give me a short time. I will give you what I think needs to be done to satisfy the requirements.

Customer: replied 7 days ago.
Would it be helpful if I sent my writing sample
Expert:  Colleen Grady replied 7 days ago.

Ok. I will create one. It will take a short time.

Expert:  Colleen Grady replied 7 days ago.

Were the misdemeanor charges related to each other?

Expert:  Colleen Grady replied 7 days ago.

Also, were these misdemeanors for vandalism and resisting arrest?

Expert:  Colleen Grady replied 7 days ago.

You have the burden to prove that you have been rehabilitated. You need evidence of rehabilitation. Here is an outline for you:

I am writing to take full responsibility for misdemeanors that I was convicted for on the following dates:

(give dates) and some detail as to what happened.

The incidents happened over three and a half years ago and I regret the actions that led to my convictions. Through the three year probation process, I was able to reflect upon my actions, (engage in community service), and pay my dues for actions that should not have happened in the first place. I am a different person today. I am truly sorry for having caused (hurt, damage) to another person.

As shown in affidavits of ***** *****, Mary Hale, and Edward Truth, I have been an upstanding citizen throughout my life. (provide supporting affidavits of co-workers or people in the community you know. This will show your credibility). Until the unfortunate events of date(s), I have never been involved in the criminal justice system and I will never be involved again.

During the three years of probation, I have taken the following positive steps to ensure that this conduct does not occur again:

· I have gone to counseling;

· I have ended the negative relationships that led to making poor decisions;

· I have met with my probation officer;

· I have been gainfully employed and responsible.

(include any other positive that will help create a positive picture of your ongoing responsibility such as attended school, church, etc.).

Include certificates from the court showing successful completion of probation, etc.

Please let me know if I can help further. I will be happy to answer more questions.

If you are satisfied with my help, please rate me.

Customer: replied 7 days ago.
I had psychotic break due to another student threatening to hurt me-My professors called me in in regards ***** ***** with the other student. I lost is and threw a printer on the floor and damaged school property. I don't recall the specifics. When the officers I arrived I fought back (obviously I wasn't in reality)I also scratched the officer so that was part of the battery.
I don't have a dollar amountt on the vandalism due to the school not submitting a property damage report. I think the school might have been hesitant to submit vandalism report due the circumstances that lead to the incident. I was been bullied and the other student was threatening to hurt me. No excuses for my actions but this is why I am asking because sometimes less is better
Thank you-I will review your letter
Customer: replied 7 days ago.
I am still on probation and part of the mentally ill program. I have had 10 different diagnosis in the past 2 year.
The probation states that I was schizoaffective but I have shifted from general anxiety disorder-bipolar 2 -PTSD -schizo NOS
-depression. My attorney just states to keep it at schizo-affective even though the diagnosis had changed to a GAD and PTSD.
Expert:  Colleen Grady replied 7 days ago.

I think that general anxiety and PTSD has less stigma attached.

Perhaps you should talk about being a person with a disability and how through treatment you have been assisted in understanding the actions that lead to the misdemeanors.

They cannot refuse a license based on your disability.

Expert:  Colleen Grady replied 7 days ago.

You may consider giving an affidavit from your doctor.

Customer: replied 7 days ago.
Thank you
Expert:  Colleen Grady replied 7 days ago.

You are welcome. Please let me know if I can help more.

Customer: replied 7 days ago.
Where do I find the info about board not refusing disability?
I have been on SSI for the past year-
I want to get off it and I am working part time.
Expert:  Colleen Grady replied 7 days ago.

You are protected under the Americans with Disabilities Act. Here is a link explaining: https://www.eeoc.gov/facts/ada18.html

Customer: replied 7 days ago.
Thank you
I went to the link but I didn't see ADA related to getting relicensed for massage therapy
It was about employers not licensure
Please advise
Expert:  Colleen Grady replied 6 days ago.

I now think that you should limit what you say about your disability and concentrate on getting the license renewed by accepting responsibility for the misdemeanors and showing how you fulfilled the court conditions of probation. The ADA will help you in the future if an employer tries to fire you.

Here is why I changed my mind about this: http://www.adasoutheast.org/ada/publications/legal/professional_licensing_disability_ADA_TitleII.txt

There is still a stigma attached to mental illness. That is why I suggested not using "schizo-affective disorder." I have battled with this issue in relation to my daughter who is bipolar and has been psychotic. She is now doing well. I was cautious about what I said to her school, although they did know she had been in the hospital. It is a balancing act.

Expert:  Colleen Grady replied 6 days ago.

If you give me until the end of the day, I can research if there is any guidance on mental illness and licensing in California. I have to go to work, but will be able to do this in about 8 hours. I want you to have as much information as possible so you can make a decision on what to include in your application.

Customer: replied 6 days ago.
Thank you
I will wait to hear from you
I plan to submit it this PM since it is due Nov 30
Customer: replied 6 days ago.
I appreciate your help and I hope your daughter continues to do well
Expert:  Colleen Grady replied 6 days ago.

Have you seen the following? http://www.camtc.org/media/1107/denials_and_revocations.pdf

This link tells you what happens if you are denied the license or if they put you on probation.

If you are denied, you have a right to different levels of hearings. It is important that you know these procedures and follow the times specified for asking for the hearings.

Expert:  Colleen Grady replied 6 days ago.

I have been thinking more about what you should say and not say.

I think you should not bring up the disability at this time. I don't want you to be stigmatized by opening a new issue. I think you do need briefly speak about the convictions and how you were being bullied and reacted out of anger. Stress that this was an isolated incident and how you have never been involved with the criminal justice system before. Stress how this was not related to your profession and how no client was involved. Go more in depth about accepting responsibility and fulfilling all the requirements of probation. Talk about other positive things you are involved in.

Get affidavits from people who know you well to support your character.

Please let me know if I can help more.

Expert:  Colleen Grady replied 6 days ago.

Here is more information regarding the Americans With Disabilities Act and how it relates to employment and employment applications: https://adata.org/publication/ADA-faq-booklet#Employment

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