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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Criminal Law
Satisfied Customers: 6391
Experience:  20 years experience
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Customer Question

Hi Law Pro.
I am looking for a professional opinion
Me and my husband got in a fight in 2007
As always it all started with the verbal fight but then it escalated to the pushing and hitting. I pushed him first. Of course I got out this with quite a few bruises. I went to the dr. I did not want to press any charges but wasn't aware if how everything is working here in USA. He got arrested. In the court I did not admit that I pushed him first which his lawyer told I could save him from the conviction.
Going through all this mess taught us both a good lesson we are together and now have 2 little children.
The only thing is that he can't find a very good job because if his records.
So many employers good ones were so interested in him but as soon as they do a background check the drop him like a hot potato
A question is
Can I go to the court again and admit that I hit him first. Will it help his situation? And what Ivan happen to me in this situation? Do I risk to be arrested for a false statement long time ago?
Submitted: 2 years ago.
Category: Criminal Law
Customer: replied 2 years ago.
Thank you!
Expert:  Maverick replied 2 years ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
If he was convicted of an infraction, a misdemeanor, or a felony and was not sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation, he can petition for a dismissal.
If he petitions for a dismissal, the court may withdraw the verdict of guilt and enter a not guilty plea. Then the court will set aside and dismiss the conviction. From that point forward, he is no longer considered convicted of the offense. His record will be changed to show a dismissal rather than a conviction.
Also, most private employers use CRAs to pull criminal reports. California limits the length of time a conviction can show on a CRA to 7 years. Therefore, his conviction may have recently come off or will come off soon.
Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code section 1203.4. So when applying for a job in the private sector, after his dismissal, he will generally not have to disclose a conviction if it was dismissed.
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