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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27088
Experience:  Began practicing law in 1992
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i was convicted of felony assault in 2002, and since that time

Customer Question

i was convicted of felony assault in 2002, and since that time completed probation and paid all of the court fees regarding this issue. Sometime in December 2008 my lawyer first a. had my felony reduced to a misdemeanor; and b. had it vacated which was successful on both counts. Now, my understanding is i still have to disclose my conviction in my application to get a California state license to sell life insurance(penal code 1203.4, applying for a california state license). I also understand that the Commisioner of Insurance will deny an application if the licensee to be was convicted of a felony. My question is 1.even though i have to disclose my conviction, can i disclose it as a misdemeanor, and 2. if I have to disclose it as a felony, am i automatically going to get my application for a license denied, or will the Commisioner take into account that it was reduced to a misdemeanor, 8 plus years old, and non fudiciary related?
Submitted: 4 years ago.
Category: Legal
Expert:  Cedric replied 4 years ago.
1. Actually, since you had your charge expunged, you don't even have to disclose that you were ever convicted, since technically, you've had the charge expunged, meaning that on the record you were never convicted of a felony or a misdemeanor.

2. With that said, your prior conviction that has now been expunged should have no effect whatsoever on your application and you shouldn't have any problem getting it approved.
Customer: replied 4 years ago.
I hope you are right, but my letter from my lawyer states "you are, however, still obligated under penal code 1203.4 to disclose the conviction in response to any direct questions contained in a questionnaire or application for public office or for licensure by any state or local agency, or for contracting with the state lottery." I think applying for an insurance license with california would fall under the "licensure by any state or local agency", right?
Expert:  Cedric replied 4 years ago.
To be on the safe side, it is probably best to disclose it, but only if the obligation is only required if there is a direct question as to whether you have ever been convicted of a crime, and in that case, you can list it as a misdemeanor instead of a felony, since it was reduced to a misdemeanor before being completely dismissed.
Customer: replied 4 years ago.
Relist: The 1st answer was incorrect, because under penal code 1203.4 I think i have to disclose the conviction, even though it was vacated, because it sais so on the letter from my lawyer. I just want to know, since it was reduced to a misdemeanor before being vacated, if i have to disclose it as a felony or misdemeanor, or maybe i don't have to disclose it since it was vacated, i don't know. But his answers were inconsistent with what my letter states..
The 1st answer was incorrect, because under penal code 1203.4 I think i have to disclose the conviction, even though it was vacated, because it sais so on the letter from my lawyer. I just want to know, since it was reduced to a misdemeanor before being vacated, if i have to disclose it as a felony or misdemeanor, or maybe i don't have to disclose it since it was vacated, i don't know. But his answers were inconsistent with what my letter states.
Expert:  Dwayne B. replied 4 years ago.
The other expert was right regarding an expungement, but if you were cleared under 1203.4 your record wasn't "expunged" as that term is commonly used, it was vacated. In addition, the Code contains a contradiction on its' terms.

In 1203.4, the statute contains the language you discussed but also says: he or she shall thereafter be released from
all penalties and disabilities resulting from the offense of which he
or she has been convicted, except as provided in Section 13555 of
the Vehicle Code.The duty to report a conviction would be a penalty or disability, so that section of the law is in direct conflict with the section you refer to and under the rules of statutory interpretation, the section quoted above should apply.

Nevertheless, you report your situation as conviction of a misdemeanor, since that is what it was. You are only required to report it in response to a direct question.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27088
Experience: Began practicing law in 1992
Dwayne B. and 13 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 4 years ago.
The other expert was right regarding an expungement, but if you were cleared under 1203.4 your record wasn't "expunged" as that term is commonly used, it was vacated. In addition, the Code contains a contradiction on its' terms.

In 1203.4, the statute contains the language you discussed but also says:

he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code.

The duty to report a conviction would be a penalty or disability, so that section of the law is in direct conflict with the section you refer to and under the rules of statutory interpretation, the section quoted above should apply.

Nevertheless, you report your situation as conviction of a misdemeanor, since that is what it was. You are only required to report it in response to a direct question.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

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