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Could you please tell me if, with a wet reckless conviction (VC23103.5), I need to answer YES to any of these questions?
Anonymous5 views4 answers
With a wet reckless conviction (VC23103.5), do I need to answer YES to any or all of these questions?
1• Have you ever been arrested, cited, or detained by any law enforcement officer (including any and all immigration officials or the U.S. Armed Forces) for any reason?
2 • Have you ever been charged with committing, attempting to commit, or assisting in committing a crime or offense?
3 • Have you ever been convicted of a crime or offense?
4 • Have you ever received a suspended sentence, been placed on probation, or been paroled?
(a "suspended" sentence doesn't refer to the driver's license suspension, does it?)
5 • Have you ever been in jail or prison?
(do the few hours following the arrest count?)
Many thanks in advance!
1-3 are yes. 4 - are you on probation? If so, the answer is yes. 5 - yes. Before submitting these as your answers, speak to an immigration attorney and your criminal defense counsel to be clear on this.
If you were placed on summary or formal probation at the time you were sentenced, your answers for all five questions should be "Yes." You may want to check with the attorney who represented you in court, but from what you have posted, that is my response.
It appears that indeed you likely have to answer yes to all of these. If you did receive a suspended sentence however, after completion of your probation (successful completion of ALL terms of probation), you may be able to file a motion pursuant to Penal Code 1203.4, and have your plea withdrawn, and your conviction "expunged" or the charges against you subsequently dismissed, under CA law. However, be careful, because under CA law, the "expungement" process under 1203.4, won't indicate on a background check that you were never convicted, but you thereafter could legally answer "No," to many of those questions you pose on private entity job applications. Consult with an attorney to help you with this process, so that you can potentially could have your conviction for wet and reckless, "expunged."
