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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18362
Experience:  B.A.; M.B.A.; J.D.
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Denied of administrator lic from SSD due

Customer Question

denied for certification of administrator lic from SSD due to conviction. but both conviction were vacated and dismissed later pc 1385. SSD still saying i have a conviction record. i been advised that i been arrested but with no conviction. or what should i say? anyone can i hire to represent me at the hearing?
Submitted: 11 months ago.
Category: Legal
Expert:  Phillips Esq. replied 11 months ago.
I am sorry, but I am having trouble understanding your post. Kindly review, edit, properly identify the parties and the issues, and resubmit. Thank you for your cooperation,
Customer: replied 11 months ago.
I applied for certification as an administrator of residential facilities for the elderly licensed by the department of social service. On nov 22 2014.They denied me for have a crime conviction. I requested an exemption, and they denied me that also. Now I’m requesting a hearing.My conviction detail:
I was arrested in 2004 for petty theft misdemeanor and possess of burglary tools misdemeanor.
I was convicted for both of charge later in 2004.In 2014 (10years) i took the case back to court. The case got re-opened, charge was withdrawal, and dismissed, case vacated pursue pc 1385 (in the interest of justice)Now. my questions are 1. On future state license applications, do I answer I been convicted yes or no. 2. I’m going to the hearing. What type lawyer should I hire to go with me?
Expert:  Phillips Esq. replied 11 months ago.
If your conviction has been vacated, you should answer No. If you have not already done so, you should request for your criminal record to see if the information contained in your record is correct. If not, you can request for a correction. Click on the link below for more information: https://oag.ca.gov/fingerprints/security 2. I’m going to the hearing. What type lawyer should I hire to go with me? Response 2: You need to retain the services of a criminal defense Attorney. You can use the following sites to find local Attorneys: Lawyers.com Justia.com Findlaw.com Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.
Customer: replied 11 months ago.
i did update my record. i have attached. is the report right? this is my last question. thank you.
Expert:  Phillips Esq. replied 11 months ago.
From the report, it appears that the only thing that was dismissed/withdrawn is the petty theft charge. The possession of burglary tools does not show that it was dismissed/withdrawn. So, you need to contact the Attorney General's office again regarding the way the dismissal is being reported. Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.
Customer: replied 11 months ago.
Phillip, i'm quite confused. i contacted my criminal lawyer per your respond, he says i should contact administrative lawyer or appeal lawyer, thats who would handle license from the state.. 2nd. i did have him review the same report i sent you. his respond "The DOJ report looks correct. Normally you could supplement the DOJ record with certified court records to explain what happened on April 25, 2014." i would need more time to discover with this a little bit more. thanks.
Expert:  Phillips Esq. replied 11 months ago.
Okay. If your criminal defense Attorney says the report is okay, then you should go by what he says. I suggested a criminal defense Attorney for your hearing because a criminal defense Attorney would be able to explain at the hearing what information on your criminal record means and whether it was dismissed or not dismissed. Kindly give a positive rating to my post so that I can receive credit for answering your questions and reviewing your document—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.

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