Legal Advice - Can I do it myself?

Thread Tools
 
Search this Thread
 
  #1  
Old 02-21-2008, 10:50 PM
c0ckac0la's Avatar
Senior Member
Thread Starter
Join Date: Apr 2005
Location: San Diego
Posts: 486
Likes: 0
Received 0 Likes on 0 Posts
Question Legal Advice - Can I do it myself?

Hey all,
I had a run-in a a few years back when I was 19 and in college. I was cited for Minor In Possession of alcohol - common charge around my campus. I was given a ticket and went to court a few months later. I was ordered to attend a MADD class, only drive to/from work and school, and not have a similar violation within a year. I took care of all that, and haven't had any legal problems what-so-ever since.

Here is where I need some advice: I want to have my misdemeanor conviction expunged. I've looked at a few websites offering to do it for anywhere between $600-850. I was wondering if anyone has done this themself for a lesser fee. Or, does any legal professional have any advice in choosing a qualified lawyer. Thanks in advance!

C.
 
  #2  
Old 02-21-2008, 11:08 PM
c0ckac0la's Avatar
Senior Member
Thread Starter
Join Date: Apr 2005
Location: San Diego
Posts: 486
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by CrAz3D
I bet a lawyer would do it for less. Call around town to smaller offices.


http://www.kinseylaw.com/freestuff/s...cordforms.html

That site looks helpful for doing it on your own
Yeah I was thinking that a local office may be the cheaper route, but I wasn't sure if it was something that I could handle on my own with the right kind of resources. I'm not opposed to paying for it, but with the fines that paid back then and the extra insurance for the next 3 years after that - I kind of want to stop paying for the same issue.

I will be changing jobs in the next couple of months, so I really don't want this things following me around. Plus, I have a wedding to plan and pay for, so the extra $ could really be used for the reception. According to several statistics that I've read, the average wedding costs about $27500 ....but that is another story.....
 
  #3  
Old 02-21-2008, 11:12 PM
Dr. Franko's Avatar
Senior Member
Join Date: May 2006
Location: Rain Pit, Oregon
Posts: 365
Likes: 0
Received 0 Likes on 0 Posts
Call the court clerk and ask they should give you the run down on what's required. If not keep searching on the internet. If a lawyer wants $600 you can probably get it done for $60 yourself.
 
  #4  
Old 02-21-2008, 11:23 PM
c0ckac0la's Avatar
Senior Member
Thread Starter
Join Date: Apr 2005
Location: San Diego
Posts: 486
Likes: 0
Received 0 Likes on 0 Posts
This is the part I'm not sure about:
If you were referred to a "diversion" program, you record will already be changed in one of two ways. If you successfully completed all of the diversion program requirements, your record should already be changed to show a dismissal. If you didn't complete your requirements or were not actually given diversion, then the conviction will be on your record
With the MADD requirement, and completion, I'm wondering if I need to request my record first, at all, etc.

Also - I've read conflicting statements about answering employment acceptance forms. Some say you can answer a private employer, with a NO after an expungement and for a govn't agency you must answer YES-CONVICTION DISMISSED. Other sites say I must answer YES-CONVICTION DISMISSED for both private and govn't employers.

Anyone know California law?
 
  #5  
Old 02-21-2008, 11:45 PM
Ayresusn's Avatar
Senior Member
Join Date: May 2005
Location: Gainesville, FL
Posts: 333
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by c0ckac0la
According to several statistics that I've read, the average wedding costs about $27500 ....but that is another story.....
That's alot for a wedding, Me and my fiance are planning ours and it's going to cost from $8k to $10k at the most. We are getting married at a fountain park then the reception at a brewery. It's like $60 a plate for a buffett with Mahi Mahi, Prime rib, and Chicken. Another $12 per person for open bar. We are planning for around 100 guest. Keep it small and save some money for truck mods.
 
  #6  
Old 02-21-2008, 11:50 PM
c0ckac0la's Avatar
Senior Member
Thread Starter
Join Date: Apr 2005
Location: San Diego
Posts: 486
Likes: 0
Received 0 Likes on 0 Posts
I know right?!? 27k to say I do...how much after to say I don't? Just kidding, anyway. I know I need to get a copy of my record and file my petition. Is there anything else that I'm missing? It seems too easy. I have a list of San Diego's fees, but cannot find the fee for the petition. I can't imagine that the filing fees are anywhere near $600.
 
  #7  
Old 02-21-2008, 11:57 PM
gators241987's Avatar
Suspended
Join Date: Nov 2006
Location: Germantown, TN
Posts: 1,610
Likes: 0
Received 0 Likes on 0 Posts
there will always be a file. trust me.
 
  #8  
Old 02-21-2008, 11:58 PM
c0ckac0la's Avatar
Senior Member
Thread Starter
Join Date: Apr 2005
Location: San Diego
Posts: 486
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by Ayresusn
That's alot for a wedding, Me and my fiance are planning ours and it's going to cost from $8k to $10k at the most. We are getting married at a fountain park then the reception at a brewery. It's like $60 a plate for a buffett with Mahi Mahi, Prime rib, and Chicken. Another $12 per person for open bar. We are planning for around 100 guest. Keep it small and save some money for truck mods.
I wish I had your guest list! He have atleast 220 that are coming. The average catering price I'm hearing/reading is $65 - not including alcohol.

$65 x 220 people = $14,300 just for food!
Add a bar fee, 20% mandatory gratuity, 7% local tax, reception hall fees, flowers, cake, dress, suit, rings, ceremony, JOP fees, what-ever-else fees....
You get my point.

I'm dead where I stand...
 
  #9  
Old 02-22-2008, 12:05 AM
c0ckac0la's Avatar
Senior Member
Thread Starter
Join Date: Apr 2005
Location: San Diego
Posts: 486
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by gators241987
there will always be a file. trust me.
What do you mean? Referring to the employment application?
 
  #10  
Old 02-22-2008, 12:08 AM
gators241987's Avatar
Suspended
Join Date: Nov 2006
Location: Germantown, TN
Posts: 1,610
Likes: 0
Received 0 Likes on 0 Posts
no, just because you get something expunged, doesnt mean that the file is "destroyed or non-existent". It will still exist but will not be viewable by the average person or employeer.
 
  #11  
Old 02-22-2008, 12:37 AM
c0ckac0la's Avatar
Senior Member
Thread Starter
Join Date: Apr 2005
Location: San Diego
Posts: 486
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by gators241987
no, just because you get something expunged, doesnt mean that the file is "destroyed or non-existent". It will still exist but will not be viewable by the average person or employeer.
Right. It will amount to a "dismissal" of the conviction. It stays on my record to the extent that it can be used to increase punishment in future criminal cases and affect driving privileges. As far as govn't & private employers in CA, they will treat the same as if never convicted of any crime - as far as I have read. If anyone knows otherwise, please let me know. I don't want any surprises down the road.
 
  #12  
Old 02-22-2008, 02:07 AM
glc's Avatar
glc
glc is online now
Senior Member
Join Date: Dec 2006
Location: Joplin MO
Posts: 43,213
Received 763 Likes on 706 Posts
I wouldn't sweat it - minor in possession is a relatively minor offense, pardon the pun. Most prospective employers won't give a crap about that unless you lie or try to cover it up, just be truthful. If you had a underage DUI, that might be a problem. A felony will DEFINITELY be a problem no matter what you do about it.
 
  #13  
Old 02-22-2008, 02:10 AM
Shinesintx's Avatar
Suspended
Join Date: Aug 2007
Location: North of Dallas Tx
Posts: 2,234
Likes: 0
Received 0 Likes on 0 Posts
You are worried about a MIP?

Really? Worried about that? Really? Are you Kidding? You really want it off your record? Can you at least tell us how you think it will affect you later in life...
 
  #14  
Old 02-22-2008, 03:11 AM
c0ckac0la's Avatar
Senior Member
Thread Starter
Join Date: Apr 2005
Location: San Diego
Posts: 486
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by Shinesintx
You are worried about a MIP?

Really? Worried about that? Really? Are you Kidding? You really want it off your record? Can you at least tell us how you think it will affect you later in life...
Been missing you shine! Wondered how long I'd have to wait for you to reply here.

Concerned about employment by the Gov. They make pretty clear statements about alcohol/drug related offenses, etc. Small offense or not, it's pretty discouraging to pass up job opportunities because of a mistake I made as a kid.
 
  #15  
Old 02-22-2008, 10:21 AM
signmaster's Avatar
Senior Member
Join Date: May 2000
Location: Virginia Beach, VA
Posts: 1,317
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by c0ckac0la
Been missing you shine! Wondered how long I'd have to wait for you to reply here.

Concerned about employment by the Gov. They make pretty clear statements about alcohol/drug related offenses, etc. Small offense or not, it's pretty discouraging to pass up job opportunities because of a mistake I made as a kid.
Most government job related background checks are going to find out regardless. I've seen people try to cover up stuff and get nailed for it several times in the military.

The vast majority of background checks done by employers are as much checking your integrity as anything else. I has a wreckless driving conviction after having DUI charges placed against me, and it didn't affect my background stuff at all because I was up front about it. I've seen people rejected for security clearances and access for lesser offenses they tried to cover up.

In my opinion, you'd be much better off not pushing the legality issue of some specific state. Answer the questions honestly and don't try to hide any mistakes. At the federal level they already know half of what they are asking you, they just want to see if you'll try to cover it up. For that matter, don't give any reference of a friend that would try to BS them for you, as they might see that as a negative as well.


Several years back I had an investigator that came to my house reviewing a security clearance for a neighbor. The standard DIS type thing, and since we have a lot of military neighbors not unusual. After the regular questions type thing he sort of showed his hand before leaving. He asked if I knew of any other neighbors that held or had held a higher level security clearance. He obviously already knew who I was, and probably knew more about my background records than I did.
 


Quick Reply: Legal Advice - Can I do it myself?



All times are GMT -4. The time now is 10:27 AM.