Wednesday, January 4, 2012

CAN MY 10-YEAR OLD CRIMINAL RECORD BE USED AGAINST ME AT MY CHILD CUSTODY HEARING?

Question Detail: My criminal record has been erased because it was so long ago. If asked about my record under oath during the divorce trial, can I say I have never been arrested? If I do say that I have a criminal record, will it affect my chances to get child custody?

MY RESPONSE: You should retain an experienced Family Law Attorney to represent you in your divorce.

An experienced Family Law Attorney would know the proper evidentiary objections to make to questions posed to you at trial or hearing on Order to Show Cause.

Whereas you should not lie in your testimony, arrests are irrelevant - they don't prove that you committed a crime. An experienced Family Law Attorney should be able to persuade the Court to sustain an objection to a question asking whether you have ever been arrested, or asking whether you have ever been convicted of a crime or have a criminal record.

Evidence of a felony conviction is admissible for the purpose of attacking the credibility of a witness, but if the accusatory pleading against you has been dismissed under the provisions of Penal Code Section 1203.4, any plea of guilty or conviction under that accusatory pleading would have been set aside.

If you were convicted of a felony, you should speak to your Family Law Attorney and/or an experienced Criminal Law Attorney to determine whether or not you could be required to answer any questions regarding that felony conviction - especially since you say that your record was erased merely due to its age.

If your conviction was for a misdemeanor, your Family Law Attorney's evidentiary objection to a question asking whether you have been arrested or convicted of a misdemeanor should be sustained.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

No comments: