My question involves criminal records for the state of: California
Hi everyone. I've been lurking on these forums for quite awhile. Some really good stuff here. I had a couple of questions myself that I couldn't find direct answers for (I posted another related question on this forum as well).
In 2009 I was charged with CA PC Sec 484(a): petty theft. Rather than fight the charges in court, I accepted diversion under CA PC Sec 1001.1-9. The precise language for this statue can be found here: http://ift.tt/1zsIXFa
I have two questions.
First is regards to the language in 1001.3:
1001.3. At no time shall a defendant be required to make an
admission of guilt as a prerequisite for placement in a pretrial
diversion program.
Does this really mean that pretrial diversion never involves the admission of guilt? I know that this is a common part of pretrial diversion programs, so I'd like to clarify this with someone who is more knowledgeable of the matter.
To contextualize the question a bit, here is a portion of my case record:
(I removed the dates to exclude possible identifying information. Since the record is a little confusing, just to clarify: the first entry (arraignment) was my first court date and the pretrial diversion was entered into on that date - all the other entries occurred several months later and were just due to motions for extensions to complete the program and concluding with the appointment of a public defender to argue that the program was completed successfully, upon which the case was dismissed.).
Note that the first thing I did was "Plead to charges." Now, I don't remember whether or not I actually plead guilty or did anything (it was too long ago); but this language seems to imply I plead guilty. Furthermore, in the disposition summary is says that the plea was withdrawn and the case dismissed, which further suggests that I was required to enter a plea of guilty as a condition of the diversion program. This seems to violate 1001.3. Is there a remedy to this? Can I petition the court to delete this part of the record and update the case file with the CA DOJ? I am in the process of obtaining the actual case file from the court to verify the proceedings, but I expect it say what I just did.
My second question regards 1001.8-9:
1001.8. Any record filed with the Department of Justice shall
indicate the disposition of those cases diverted pursuant to this
chapter.
1001.9. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any question
concerning his or her prior criminal record that he or she was not
arrested or diverted for the offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that could result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.
It seems like the only exception to the CA DOJ from releasing information about the arrest/case file is in response to a peace officer application. Now I suspect the language is unintentionally exclusive and probably there are many other exceptions. But those exceptions aside, is it reasonable to assume the CA DOJ will not release information regarding the arrest/case to parties/potential employers not falling under such exceptions?
Thanks for all your help!
Hi everyone. I've been lurking on these forums for quite awhile. Some really good stuff here. I had a couple of questions myself that I couldn't find direct answers for (I posted another related question on this forum as well).
In 2009 I was charged with CA PC Sec 484(a): petty theft. Rather than fight the charges in court, I accepted diversion under CA PC Sec 1001.1-9. The precise language for this statue can be found here: http://ift.tt/1zsIXFa
I have two questions.
First is regards to the language in 1001.3:
Quote:
1001.3. At no time shall a defendant be required to make an
admission of guilt as a prerequisite for placement in a pretrial
diversion program.
Does this really mean that pretrial diversion never involves the admission of guilt? I know that this is a common part of pretrial diversion programs, so I'd like to clarify this with someone who is more knowledgeable of the matter.
To contextualize the question a bit, here is a portion of my case record:
(I removed the dates to exclude possible identifying information. Since the record is a little confusing, just to clarify: the first entry (arraignment) was my first court date and the pretrial diversion was entered into on that date - all the other entries occurred several months later and were just due to motions for extensions to complete the program and concluding with the appointment of a public defender to argue that the program was completed successfully, upon which the case was dismissed.).
Note that the first thing I did was "Plead to charges." Now, I don't remember whether or not I actually plead guilty or did anything (it was too long ago); but this language seems to imply I plead guilty. Furthermore, in the disposition summary is says that the plea was withdrawn and the case dismissed, which further suggests that I was required to enter a plea of guilty as a condition of the diversion program. This seems to violate 1001.3. Is there a remedy to this? Can I petition the court to delete this part of the record and update the case file with the CA DOJ? I am in the process of obtaining the actual case file from the court to verify the proceedings, but I expect it say what I just did.
My second question regards 1001.8-9:
Quote:
1001.8. Any record filed with the Department of Justice shall
indicate the disposition of those cases diverted pursuant to this
chapter.
1001.9. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any question
concerning his or her prior criminal record that he or she was not
arrested or diverted for the offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that could result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.
It seems like the only exception to the CA DOJ from releasing information about the arrest/case file is in response to a peace officer application. Now I suspect the language is unintentionally exclusive and probably there are many other exceptions. But those exceptions aside, is it reasonable to assume the CA DOJ will not release information regarding the arrest/case to parties/potential employers not falling under such exceptions?
Thanks for all your help!
Criminal Records: Clarify California Pretrial Diversion Language/My Case (California PC Sec 1001.1-9)
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