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Hi, Im trying to get retail used car dealers license in…

Hi, I'm trying to get retail...
Hi,

I'm trying to get retail used car dealer's license in California,
When I did my criminal history from DOJ, it shows up that I was charged with 4600(A) 9years ago, which I don't remember at all,
so I went to court and asked for the report and I was told that there is no record on the court computer,
so I went to the police station where I was supposed be charged and asked for the report and they didn't find the information ether,
How am I find out if the charged was dropped or dismissed or what happened? also is 4600(A) is included in criminal of moral turpitude?
Also am I going to deny the license because of the charge?
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Answered in 3 minutes by:
11/2/2012
shurmust
shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 165
Experience: I have completed over fifty jury trials in the last three years and teach part-time at a local state college.
Verified

shurmust :

Thank you for your inquiry. I am happy to assist you on this matter. I am sorry to hear the frustration you are having. It is not too uncommon to find yourself spinning your wheels with government entities.

shurmust :

Just so I am clear, you allegedly were arrested, but not convicted of the following:


(a)Every person who willfully and intentionally breaks down, pulls down, or otherwise destroys or injures any jail, prison, or any public property in any jail or prison, is punishable by a fine not exceeding ten thousand dollars ($10,000), and by imprisonment in the state prison, except that where the damage or injury to any city, city and county, or county jail property or prison property is determined to be four hundred dollars ($400) or less, that person is guilty of a misdemeanor.

shurmust :

Were you ever arrested and charged with damaging prison/jail property or a public property in any jail or police car?

shurmust :

Candidly, if this is the case, it is unlikely that this will be classified as a crime of "moral turpitude." Such crimes usually involve crimes of theft, faud, lying or sexual offenses.

shurmust :

Acting "stupid" after being arrested is not quite a crime against moral turpitude. However, I am assuming you have no prior criminal history as well.

shurmust :

In terms of being denied a license will depend on how you answer the question on the application. Be very careful.

shurmust :

Most questions don't ask have you ever been convicted of a crime? Because, legally, at least according to you, the crime for which you were charged never resulted in a conviction. Therefore, most applications will ask you have you ever been "arrested?"

shurmust :

A lot of people think that although there case was dismissed that they can say "no" or they think they can fool the person reviewing the application of something that never made it's way into the computer system because there was no conviction. This is a major mistake.

shurmust :

The last thing you want to do is intentionally misrepresent yourself on the application. In fact, they are looking for you to be honest.

shurmust :

Remember, everyone is entitled to a mistake in their life. No one is perfect. The people reviewing your application understand this. Therefore, any attempt for you to minimize or downplay what actually happened may be result in a denial, not because the crime does not fall into their category of a crime of "moral turpitude," but because they do not believe you are being candid or honest.

shurmust :

There is no way to predict with certainty what will happen on your application, but if you are honest and answer each question candidly you will likely receive a favorable result. Just make sure you read and go over your answers several times and have a loved one review your application. If you wish, it may also be wise to hire a local attorney to be extra cautious.

Customer:

I had a warrant because I missed the court for traffic ticket (driving with suspended drivers license and no insurance) so they stoped me on highway and took me in jail for 8hrs (I called the bail bond service) after that I went to court for the traffic tickets and I was convicted for driving w/o license, which it showes on the report from court and police station, but they've never find the report for the 4600(A) which I was charged same day from when I was arrested, which I'm pretty sure I never commit,

shurmust :

As long as you never threw a fit once you ended up in jail or tried to kick out a police car window or attempted to damage anything (I know being arrested can be extremely frustrating and humilating) you should be fine. It may be wise to look into having this charge either being expunged or sealed.

Customer:

since I have no idea why I was charged for 4600(A), I don't know what I supposed to break or what kind of damage I coused, that way I went to court to find out but they have no record,

shurmust :

Especially if you were never arrested for this charge.

shurmust :

Again, you would remember if that were the case. It is entirely possible that there was a mistake made in the government records.

Customer:

that what court people told me

Customer:

and I think so too

Customer:

how can i find out about the detail of the charge if court and police station can not find the case?

shurmust :

Frankly, I am not sure how to have this charge "deleted" or "erased" from the court records. You may wish to speak to a local lawyer about that specific issue. However, in terms of everything else you have asked you should be okay in your application so long as you explain what you are referring to. Also, you may want to go to the clerk of court and get something in writing to attach to your application should you be asked to explain it.

shurmust :

This will coorborate your side of the story.

Customer:

ok thanks,

shurmust :

You need to move clerk/court to remove that record since it is a mistake. As I mentioned earlier, you may have to spend $500 to hire a lawyer to assist on this matter. You have told me that the clerk is telling you there is nothing "they can do."

shurmust :

In the grand scheme of things, since you are applying for something to further yourself, if you must hire attorney if you get no where with the clerk, consider it a "little" hurdle in the grand scheme of things.

shurmust :

Please make sure you provide me feedback so I earn credit. Thank you.

Customer:

no I only asked what happed to the charge so I didn't asked about erasing the charge, could you tell me how long will it take to erase the charge? I'm already in the process of applying for the dealers license, so it may be too late to erase the charge to approved by the DOJ,

shurmust :

There are two options: you can either move the court to seal or expunge the charge. This could take 3 months depending on how fast the court and your attorney may work to do this and hear the case. If you are asking the clerk to simply delete it from their files, it could take 2-4 weeks.

Customer:

oh ok, i will ask to clerk to delete it from their files, thanks for your time

shurmust
shurmust, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 165
Experience: I have completed over fifty jury trials in the last three years and teach part-time at a local state college.
Verified
shurmust and 87 other Criminal Law Specialists are ready to help you
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I just wanted to see how the application process is going and if you were successful in getting everythign removed. If you need anything in the future, please feel free to ask for Shurmust.
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Category: Criminal Law
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