Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

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Many times people are arrested for crimes and never even charged more less convicted of the crime.  This could have serious consequences.  The Bail Bondsman will not refund all of your money and sometimes none at all.  The police may have had wrong information and in some cases, may have acted without probable cause. 

WHAT HAPPENS IF I AM ARRESTED AND NOT CHARGED?

This occurs more than you may think.  Many times poeple are arrested and no charges are filed by the District Attorneys Office.  The District Attorneys office is soley responsible for who is charged with most crimes in a particular county.

If this happens you may be confused as to what happened.  Sometimes the District Attorney will give the reports back to the local agency that arrested you and ask for more information.  Other times the District Attorneys office will simply tell you they have made a decision to not file charges against you. 

If this happens you will not be charged for that particular crime and the District Attorneys office does not have to give you specific reasons as to why they are not filing or going fowrard with charges.  Many times they will simply say there is insufficient evidence to proceed.  

DOES THE ARREST STILL SHOW ON MY RECORD?

This is a difficult question in the age of computers where almost everything shows up somewhere.  It used to be that only certain law enforcement agencies had access to what are commonly  referrred to as "rap sheets" or arrest without convictions.  However, now witt live scans and such it seems more people are gaining access to these records which  is problematic

NEW CALIFORNIA LAWS AND CHANGES TO LABOR CODE

 LABOR CODE SECTION 432.7 

LABOR CODE SECTION 432.7 IS AMENDED TO READ AS FOLLOWS:

An  employer whether a public agency or private individual or corporation shall not ask an applicant for employment to disclose through any written form or verbally about an arrest that did not result in a conviction.  This includes his participation in any pre-trial diversion programs. (mental health diversion, or drug diversion where they successfully completed the diversion program.  

WHAT ABOUT EXPUNGEMENTS?

The biggest change is bill 432.7  is the effect of the law on expungements when a crime is expunged the employer can no longer as about this conviction as it has been set aside and not a subject for a potential employer there are a lot of exceptions to this law and an Attorney should be consulted before you fill out job applications and turn them in.  

WHAT ABOUT JUVENILE ADJUDICATIONS?

Juvenile adjudications are not considered convictions in the same way that adult convictions are considered convictions; therefore, they are not considered convictions for the purpose of having to disclose the conviction.  There are some exceptions to this rule and again an Attorney should be consulted regarding your specific legal rights before you make a decision as to whether you should disclose something and nothing in  this article is meant as specific legal advice as to what you should be doing in a specific circumstance with these changes to the labor code it makes it easier for people who have turned there life around to able to gain employement and re enter the workforce if they had a case where they were arrested and not charged or had something that was expunged or a juvenile adjuidication.  If you have any questions about these changes give us a call and we can help you.  

Call us at 559441-1418, and we will walk  you through this. and help you to put this behind you and get the employment that you need.

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418 
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