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Questions Answered by Bart Kaspero
3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: In California how far back does a live screen background check go?

I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.

Bart Kaspero
Bart Kaspero
answered on Nov 27, 2023

For any license or credential given by an agency in CA, any livescan will pull up a person's entire criminal history as it is stored in the DOJ repository. However, agencies prefer to see cases that have been expunged or sealed for dozens of reasons. If the 2 misdemeanors and DUI you have in... View More

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2 Answers | Asked in Criminal Law, Employment Law and Domestic Violence for California on
Q: A DV charge reported to the state of California yet no charges were filed and I never went to court. How do I fix it?

I want to work at the boys and girls club.

Bart Kaspero
Bart Kaspero
answered on Aug 24, 2023

We need more people like you! Thank you for wanting to work with B&G's Club! Here's the best that you can do to maximize your privacy and navigate the screening laws for volunteer work:

(1) Make sure that your charges WILL NOT be filed through he District Attorney's...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Should I pay to get my record cleaned? I read in CA, if not convicted, your arrest wont show in background check. True?

Id like if someone can tell me if thats true. My arraignment is soon and im sure the charges would be dropped. Or should I ask for a seal and destroy at arraignment? Can I do that? Also is fighting in public charge considered violent though there was never a physical fight?

Bart Kaspero
Bart Kaspero
answered on Apr 27, 2023

Arrests that did not lead to formal charges being filed are routinely reported in background checks -- which result in privacy violations to many people who had a false sense of security. By the time someone is arrested and released from jail, an average of 7-15 different private organizations... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Civil Rights for Wisconsin on
Q: We're my rights violated under the Fair Credit Reporting Act (FCRA) and if so do I have any recourse?

I consented to a consumer report background check at my employer when up for promotion. An old active arrest warrant was discovered on the check. The employer did not notify me of the issue directly and instead contacted local law enforcement who then came looking for me. I do not believe the... View More

Bart Kaspero
Bart Kaspero
answered on Apr 3, 2023

The situation you have shared is very concerning and may very well be a violation of employment background check compliance (such as through the Fair Credit Reporting Act) as well as a number of related obligations imposed on employers who order criminal history information reports from third... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judge wouldn't give me a public defender for my Factually innocent case.

What is the form number or name to file a motion? How do I subpoena the cop? can you provide links or instructions?

I cannot afford an attorney.

I cannot understand the books at the law library.

Any referrals? Non profits will not help me. I am not interested in... View More

Bart Kaspero
Bart Kaspero
answered on Mar 26, 2023

You will need to first file a motion of factual innocence with the law enforcement agency that arrested you (and this must be done within 2 years of the arrest date). If they do no respond to your motion within 60 days, it's considered a denial, and you then have the right to have a hearing... View More

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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Libel & Slander for California on
Q: Isn't it against the law (CA) to file a false police report?

What course of action may I take as a victim of this abuse of the law? Am I able to sue the individuals and/or can they be arrested for lying to LE and their harassment?

Bart Kaspero
Bart Kaspero
answered on Mar 20, 2023

This is True. It is against the law to knowingly report a crime or file a false police report. Be aware that it will be your burden to provide the proof of the falsity--Law enforcement will not jump through hoops for you because they typically get many individuals claiming that a report was... View More

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3 Answers | Asked in Criminal Law, Internet Law and Civil Rights for California on
Q: I’m getting stalked and harassed from my socials. Should I contront them to have proof I tried to stop it?

I don’t know if that would serve as good evidence that I tried to stop it and that they showed a deliberate intent to keep going. I don’t know if it would look bad on me for asking them to leave me alone and that they’re making me uncomfortable or not. Does anyone know what kind of evidence... View More

Bart Kaspero
Bart Kaspero
answered on Mar 19, 2023

Stalking and harassing conduct have specific definitions so it's going to depend on how far the other person goes when it comes to following you on social media versus contacting you on those platforms. For example, if they follow you without making direct contact with you, they are allowed... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I am being charged with battery against a spouse. Spouse does not want to press charges. Will I be convicted?

I admitted to the officer that I touched my spouse on the shoulder while he was walking away from me. We were having a verbal argument. Bystanders claimed that I grabbed my spouse around the neck and pulled on his shirt however I only touched my hand to his shoulder. He was walking very fast and I... View More

Bart Kaspero
Bart Kaspero
answered on Mar 18, 2023

Your specific facts put your case in the less serious category of domestic violence cases. You are not likely to see any jail time after appearing in court. Bystanders (witnesses) can see the wrong thing if they don't have the context of what they're noticing. Your admission to the... View More

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3 Answers | Asked in Criminal Law for California on
Q: How does a pro-per litigant get discovery docs from the DA before the arraignment hearing?

I was told to have my attorney present paperwork to the DA asking for discovery, but I don't have an attorney. I went to the Courthouse and asked the Clerk, and also went to the self-help area, but neither told me how one goes about getting discovery before the arraignment hearing if they are... View More

Bart Kaspero
Bart Kaspero
answered on Mar 18, 2023

Mr. Grant provides a very good solution and I agree with him. Obtaining discovery before arraignment is not typical even for attorneys. However, you can get the initial discovery (basic police report and possibly supplemental summaries) at the first appearance and then request to continue your... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can I sue in civil court for errors made in a criminal trial that ultimately resulted in a 50 to life sentence.

Its been proven that SF medical examiner's altered toxicology results of deceased, detective planted evidence (Proven in court. SFPD photographer testified certain items were NOT there until Inspector placed them and asked her to re-photograph).

There are two whistleblowers and ex... View More

Bart Kaspero
Bart Kaspero
answered on Mar 14, 2023

Civil suits stemming from criminal trials have extraordinarily high burdens. More importantly, however, prosecutors have complete immunity from civil lawsuits for several reasons. There have only been a handful of cases in the US where a prosecutor committed such an injustice that it equated to... View More

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