[archipelago]

I don't really have one specific area for advice or anything. It's a general situation that is bothering me and want to do something so it doesn't become really hard.

My therapist is going away on vacation. I just found out through a background check that there is a misdemeanor on my record that I didn't even know I was charged of let alone convicted of.

It was a completely simple mistake, but it seems like no one I've talked to can figure out how I even start the process of fixing it.

I was stopped and didn't have my wallet. The citation said driving without a license. I told the cop first thing that I forgot it. He said no problem, I can look it up. And when he included that on the ticket, he said it was no big deal.

I never got anything in the mail so I just went online, typed in my citation and paid the fine. The minor speeding ticket was lumped in with the other citation.

Turns out what the actual charge was was not driving without a license, but driving without a VALID license. And that is criminal, a misdemeanor, not just a traffic ticket. Still it was handled like a traffic ticket. There was nothing about "valid" or "misdemeanor" anywhere so it never even crossed my mind that that was in the picture. So I was totally shocked and upset when I found out that this happened.

I'm totally frustrated because I've been trying to get legal advice and no one so far has any idea. It is also a triggering because I have had bad experiences with cops so even though that isn't predominant right now, it is in the background.

I'm worried to what effects this will have if I am not able to afford changing it. Will I lose the position I'm going for? Will points go on my license that might affect me badly later? will my insurance go up?

And just generally it is an injustice that I am really sensitive to. The cop shouldn't have written that violation down or led me to believe it wasn't a problem. Plus the web site payment should have made it clear that in paying I was saying I was guilty of a misdemeanor.

One lawyer I talked to what shocked that anyone could be convicted of a criminal offense like a misdemeanor without a court date, clear reading of the charges, and opportunity for representation. He said that paying a fine with your debit card shouldn't make you a criminal.

It is taking up all the space in my head and making me really upset and I don't have the support of my therapist for a while now. Right now I'm still a bit in shock, but I fear really falling into hole about this.

[ThisWayOut]

I have no useful advice, but can understand how frustrating and disturbing that would be. I'm sorry you have to go through all that...

[googley]

Some states have ways to get misdemeanors cleared from your record if you haven't been in any other problems, so look that up for your state. I would recommend contacting legal aid. They should be able to provide low cost/free legal assistance in your situation. You can also look at local law schools to see if they have any legal aid clinics/low cost clinics to provide you advice. If nothing else they might be able to refer you to a lawyer who could help you if they can't. You could also contact the Bar Association for your state for a recommendation for a lawyer who would be able to help with your issue. It sounds like it was unclear what you were admitting too. I'm sorry this happened. Good Luck getting this figured out.

[Lauliza]

I would check with another lawyer and clarify if you were actually convicted or just charged. You should be able up go to the court where this was filed and research it further. I find it hard to believe you can be convicted of anything without going to court or receiving some notice. I understand how upsetting this must be on many levels. I wish I had more useful advise but really all you can do is talk to a lawyer.

[archipelago]

Thanks. I'm actually getting more upset and feeling defeated right as was I was beginning to have my depression lift.

I do need a lawyer. I have contacted several; some haven't gotten back to me. Others didn't really know and had different ideas about what the general problem was because it's not clear whether this is criminal, traffic or records. I can't afford to go all the way to court to fight this if what some of them have said is true. That is so wrong it makes me sick.

With regular convictions, there is a process of appeal, dismissal, or expungement. But since there was no court appearance in the first place, just an online payment of a fine, I can't petition the court using the forms available for most offenses. this as one lawyer pointed out is a total glitch in the system, that anyone could be convicted of a misdemeanor without a court appearance and without that charge made clear to them or hearing that that was the result either. I received nothing telling me this. I had no idea and heard by accident through a background check. Totally screwed over.

[growlycat]

Expungement sounds about right. I know it is stressful--you will figure it out I'm sure!!

I don't know what state you are in but I found this:

http://www.justanswer.com/criminal-l...r-license.html

[HazelGirl]

Hmm...Stopdog is a lawyer. Could you send her a message and ask her advice?

[archipelago]

Expungement is for a crime you actually committed and want removed or reduced. With all those processes, you have to have a prior court appearance that you are to refer to. It like because the traffic stuff is handled online all the stuff about being able to know the charges, know the results and be able to appeal are just taken away.

I have been treated so badly all my life. I so sick of this continuing to happen.

[growlycat]

I believe you when you say you didn't do anything wrong. I'm just wondering if expungement is the fastest and easiest way to get rid of this? It would bug me too.

[archipelago]

I just did one of those online legal things from the link posted here. The guy referred me to California's court forms. The form is really for convicted felons who want a reduction to misdemeanor. Or for those convicted to have something removed due to good behavior. They all ask you to check boxes about sentence and probation. I didn't get any of that. I didn't even know I was convicted of anything. Crap, I didn't even get a receipt that I paid the fine. The driving without a license charge was lumped in with a minor speeding ticket and not marked separately and there was nothing about it being criminal. The same words "driving without a license" refer to two completely different things, one a minor thing, which is what I thought, and the other relatively serious and a misdemeanor, what I ended up with without anyone letting me know at any point.

This is like having a conviction without ever being charged or having a trial. It is a miscarriage of justice. I shouldn't have to sweat it out and pay tons and maybe lose a position or whatever else could happen. This totally sucks. It's like a Kafka novel.

[stopdog]

I don't know California law, but here we have attorneys who specialize in traffic law - tickets, dui, etc. I would start by calling some of them if such focus exists in California. And it does suck that it will probably cost you money to fix it. Such a situation is fixable in my jurisdiction. But these things are quite state specific.

[Lady Lindsey]

I am sorry you are going through this. I wish I could offer you some advice. It sounds like you have done some research and found some answers. Hopefully others will be able to help with legal advice.

It truly does sound unfair and unjust. Is there any type of pro bono type of Lawyer program in the area you live that may be willing to take your case?

Once again, I am sorry you are having to deal with this

[archipelago]

It helps to get support because posting here is not really about getting help with the legal issues, but trying to prevent this from really pulling me down, especially given that my therapist is away for a while and I've been trying to pull out of a depressive episode so in close touch with him, trying to remove stressors and be more optimistic.

This type of thing just ends up proving to me that there is no reason to have optimism unless you are in the lucky group. I'm certainly not and haven't been at any point in my life. The cost, the unfairness, the cop who shouldn't have written 12500 but 12591, which the law specifically states, the stupid auto payment system that doesn't even let you know there are criminal charges involved, the whole thing is a pile of crap. I'm tired of dealing with messes that really are not my fault but are created by neglectful or mean people.

So maybe I can find a low cost attorney who knows about this, or maybe I'll just decide to leave it on my record and hope it doesn't cause a problem. But the impact of being totally caught by surprise and having no power, seeing no real clear way through, and just burdened with time, expense, hassle and worry. Just not fair and still upsetting.

[unaluna]

Is this your local jurisdiction? Have you tried just going to your police station? They should have the records, the original ticket, the officer, etc.

Eta - i live in a college town so the cops are really nice.

That sucks.

When I had something similar, and had no $to pay someone, went to the courthouse and then was led directly to the DAs office. He told me every step of the process and where and how to do it. I filed everything myself, it was very confusing and had to go to several offices of the court.

I'd just make a trip to the courthouse that handles that sort of thing. People seem to respond when you show them that you are in need and are very appreciative.

I don't think it would effect any career though. I've had multiple extensive background investigations, and there is always an opportunity to explain the situation. Just from my exoerience with thins, i think it likely would have no weight.

Good luck

Didn't see Hanksters post. That might work, cops have connections.

Just realized -expungement doesn't necessarily mean expunged, the questions always said "including expunged...".

So it might not even be worth the cost

[archipelago]

Thanks for your responses. I am sensitive to issues of injustice (overly I know) and am also worried about several things that could happen from this, including just imploding because it's so infuriating. So it helps to have some people outside to bring me back away from doing that.

In terms of a position with a background check, the places are sensitive, even if a vehicle violation seems to have nothing to do with what I would be doing. Still in the field, people do lose their careers based on things like a DUI, which I have a very old conviction of. To have an additional violation show up could be a problem. I will have more than one background check since I will be changing agencies each year for a little while.

But there is good news I think or at least something that could work out possibly without having to get a lawyer. I called the traffic division of the courthouse and got my case number and name of the officer. I asked what to do to change this. The clerk told me there were not official forms or petitions, but that I could write a letter to a judge and ask for a chance to produce evidence of a valid license. She said there was no guarantee that would be granted, but that is what I should do if I wanted it changed.

So I drafted a letter. I could use support so here it is basically:

Your Honor:

I am writing about a recent traffic citation for driving without a license (case xxxxxx). I was stopped by UCSC police Officer xxxx for a minor speeding violation and had left my wallet at home. The officer indicated that it was not a significant problem and that he could look it up. He did add a citation for not having a license but said it was not serious. That led me to believe that the citation was for not having a license on my person, which seemed a relatively minor issue.

In June, I typed in my citation number and paid the fines for both citations, which were lumped together as one payment. Nothing during the payment process indicated that I was being charged with what could be a misdemeanor offense. Indeed, I had no idea at the time that there were two different offenses described by the same words “driving without a license.” I therefore did not know that in paying I was actually pleading guilty to a more serious violation of driving without a valid license, VC 12500 (A), instead of simply driving without a license on your person, VC 12591.

I do have a valid California driver’s license, and it was valid at the time that I was stopped and cited. I simply had forgotten my wallet. I did not realize that my payment of the fine resulted in being convicted of a more serious violation. I appeal to Your Honor to allow me an opportunity to produce proof of a valid license so that this matter can be corrected and the conviction of the more serious offense be dismissed.

[archipelago]

There is the good news and then the bad news. I went to the courthouse and the clerk was super helpful. This problem is likely to be okay. He offered to print out my whole record. Something else came up that surprised me and is really a problem. I have a DUI that goes back to 1997. I figured that that is old enough and I don't have a substance issue so not really a problem. But turns out I was also during that convicted of battery on an officer. I know the officer alleged that, but I thought the judge threw it out. Turns out he may have made a comment like that in court but I plead no contest to the whole thing, I guess to avoid trial? Who knows…it was a very difficult time in my life and long ago.

Battery on anybody but on a police officer? That is not going to be easy to deal with. I might very well be turned away, even though it was so long ago and what happened was I just got up to get some water and the cop put her hands all over me and I struggled to get away. She had a prior back problem and was trying to get workman's comp which the judge talked about and ridiculed so I guess that's why I thought he dismissed the actual charges. Plus I didn't serve any jail time or do community service. I had voluntarily hospitalized myself and the judge praised me for taking action. The record shows that he counted that as "time served" which I didn't realize. This is a mess. Why does this stuff happen when your therapist is away?

[HazelGirl]

Originally Posted by archipelago

There is the good news and then the bad news. I went to the courthouse and the clerk was super helpful. This problem is likely to be okay. He offered to print out my whole record. Something else came up that surprised me and is really a problem. I have a DUI that goes back to 1997. I figured that that is old enough and I don't have a substance issue so not really a problem. But turns out I was also during that convicted of battery on an officer. I know the officer alleged that, but I thought the judge threw it out. Turns out he may have made a comment like that in court but I plead no contest to the whole thing, I guess to avoid trial? Who knows…it was a very difficult time in my life and long ago.

Battery on anybody but on a police officer? That is not going to be easy to deal with. I might very well be turned away, even though it was so long ago and what happened was I just got up to get some water and the cop put her hands all over me and I struggled to get away. She had a prior back problem and was trying to get workman's comp which the judge talked about and ridiculed so I guess that's why I thought he dismissed the actual charges. Plus I didn't serve any jail time or do community service. I had voluntarily hospitalized myself and the judge praised me for taking action. The record shows that he counted that as "time served" which I didn't realize. This is a mess. Why does this stuff happen when your therapist is away?

If that hasn't impacted your life yet, it probably will not. Just breathe. If it comes up, you can explain.

[archipelago]

I'll try to not get too upset right at the moment, though it's going to take super effort and self-control. Or some sense of reassurance, which is why I wish my shrink were around.

There is an official background check with fingerprinting in the works for a position that is to start in October. I'll be working with mostly dependent adults. People are really careful and picky about who they allow into that sort of setting. Even though old, it may be serious enough that I'm not cleared. The people who interviewed me may not have a choice and may not even be able to give me a chance to explain.

[HazelGirl]

Originally Posted by archipelago

I'll try to not get too upset right at the moment, though it's going to take super effort and self-control. Or some sense of reassurance, which is why I wish my shrink were around.

There is an official background check with fingerprinting in the works for a position that is to start in October. I'll be working with mostly dependent adults. People are really careful and picky about who they allow into that sort of setting. Even though old, it may be serious enough that I'm not cleared. The people who interviewed me may not have a choice and may not even be able to give me a chance to explain.

Can you explain it to them when you're interviewed? Or if you've already been interviewed, call them and explain?

[archipelago]

I'm not sure about how to handle this, whether to wait and see what the background check produces and if they think it is an issue or not. Or whether to talk to them before they get the report. I will be honest, but it is a question of timing and how something might be emphasized. If I bring it up now, it will become an issue automatically and be highlighted. It is possible that the background check may not make it a big issue or at least might be taken as so long ago that it isn't relevant anymore. Really not sure.

I had to fill out a criminal history form for them and put down the DUI and date and a short description. I really just didn't realize that the judge didn't dismiss what the officer alleged. I guess he couldn't because I pleaded no contest. Ugh.

This will become even more problematic later on but that is another issue. Right now I just want to try not to let this overwhelm me.

[HazelGirl]

Originally Posted by archipelago

I'm not sure about how to handle this, whether to wait and see what the background check produces and if they think it is an issue or not. Or whether to talk to them before they get the report. I will be honest, but it is a question of timing and how something might be emphasized. If I bring it up now, it will become an issue automatically and be highlighted. It is possible that the background check may not make it a big issue or at least might be taken as so long ago that it isn't relevant anymore. Really not sure.

I had to fill out a criminal history form for them and put down the DUI and date and a short description. I really just didn't realize that the judge didn't dismiss what the officer alleged. I guess he couldn't because I pleaded no contest. Ugh.

This will become even more problematic later on but that is another issue. Right now I just want to try not to let this overwhelm me.

Always discuss it with them ahead of time. Way better to tell them now than for them to discover it. Always way better.

[archipelago]

What if what people say is true, that after 7 years, this drops from your record? It has been 15 years. I actually don't know if it will show up or not and what details will go with it and whether they will just say, that's too old and there no other record.

[HazelGirl]

Originally Posted by archipelago

What if what people say is true, that after 7 years, this drops from your record? It has been 15 years. I actually don't know if it will show up or not and what details will go with it and whether they will just say, that's too old and there no other record.

No, that's not true. Criminal records don't drop. They're with you forever.