[SuchFriendsAreDangerous]

the system is trying to fuck me out of my career as a school teacher, by illegally holding a criminal record against me for marijuana convictions. In California, such convictions are supposed to be automatically destroyed and replaced with a blank sheet after two years, and it has been four since my last conviction, and yet, my record comes up for all kinds of old convictions that should be purged. So I am back and forth calling lawyers and the Department of Justice and the bullshit local Courthouse who is breaking the law against me trying to resolve this trouble. I may have broken HS 11357 b, but they are breaking TWO laws by holding the records against me for background checks, both law

HS 11361.5. (a) Records of any court of this state, any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, or of any state agency pertaining to the arrest or conviction of any person for a violation of subdivision (b), (c), (d), or (e) of Section 11357 or subdivision (b) of Section 11360, shall not be kept beyond two years from the date of the conviction, or from the date of the arrest if there was no conviction, except with respect to a violation of subdivision (e) of Section 11357 the records shall be retained until the offender attains the age of 18 years at which time the records shall be destroyed as provided in this section. Any court or agency having custody of the records shall provide for the timely destruction of the records in accordance with subdivision (c). The requirements of this subdivision do not apply to records of any conviction occurring prior to January 1, 1976, or records of any arrest not followed by a conviction occurring prior to that date.
c) Destruction of records of arrest or conviction pursuant to subdivision (a) or (b) shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record shall be prepared again so that it appears that the arrest or conviction never occurred. However, where (1) the only entries upon the record pertain to the arrest or conviction and (2) the record can be destroyed without necessarily effecting the destruction of other records, then the document constituting the record shall be physically destroyed.

HS 11361.7. (a) Any record subject to destruction or permanent obliteration pursuant to Section 11361.5, or more than two years of age, or a record of a conviction for an offense specified in subdivision (a) or (b) of Section 11361.5 which became final more than two years previously, shall not be considered to be accurate, relevant, timely, or complete for any purposes by any agency or person. The provisions of this subdivision shall be applicable for purposes of the Privacy Act of 1974 (5 U.S.C. Section 552a) to the fullest extent permissible by law, whenever any information or record subject to destruction or permanent obliteration under Section 11361.5 was obtained by any state agency, local public agency, or any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, and is thereafter shared with or disseminated to any agency of the federal government. (b) No public agency shall alter, amend, assess, condition, deny, limit, postpone, qualify, revoke, surcharge, or suspend any certificate, franchise, incident, interest, license, opportunity, permit, privilege, right, or title of any person because of an arrest or conviction for an offense specified in subdivision (a) or (b) of Section 11361.5, or because of the facts or events leading to such an arrest or conviction, on or after the date the records of such arrest or conviction are required to be destroyed by subdivision (a) of Section 11361.5, or two years from the date of such conviction or arrest without conviction with respect to arrests and convictions occurring prior to January 1, 1976. As used in this subdivision, "public agency" includes, but is not limited to, any state, county, city and county, city, public or constitutional corporation or entity, district, local or regional political subdivision, or any department, division, bureau, office, board, commission or other agency thereof.

(c) Any person arrested or convicted for an offense specified in subdivision (a) or (b) of Section 11361.5 may, two years from the date of such a conviction, or from the date of the arrest if there was no conviction, indicate in response to any question concerning his prior criminal record that he was not arrested or convicted for such offense.

[SuchFriendsAreDangerous]

 

[SuchFriendsAreDangerous]

Originally Posted by Diesel

'My teacher was a stoner hippie'

many are.

[Rob Instigator]

fuck that sucks man. good luck. the red tape between federal and state weed statutes really fucks things up in california.

TENTH AMENDMENT of the fucking CONSTITUTION should overrule all this bullshit

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

[evollove]

I don't get it. You broke HS 11359 b? Neither law you cited says anything about 11359. Maybe I didn't read close enough. Maybe I didn't get some technical bit. I tried to read section 1000.2 (I admittedly have little patience for this stuff). I saw references to 11357 and 11358, but not 11359.

Again, I don't get it.

[pbradley]

The link to the California Marijuana Laws says there is no subsection b for HS 11359. Just this:

HS 11359. Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison.

I think SuchFriends meant HS 11357 b. Possession of less than 28.5 grams.

[gmku]

I too am confused by the numbers mix up. Maybe you're stoned again!?

Or you could be in violation of subdivision (e) of Section 11357.

In any case, I doubt the state of California would make such a mistake. I'm sure they have only the noblest of intentions in keeping you out of the teaching profession. I know I for one would not want a known former stoner at the front of a classroom in a school where my kids were enrolled!

Perhaps you should give up this silly dream of poisoning our childrens' minds, and just go open a head shop in Amsterdam or somewhere they take old drug addicts like you.

[SYRFox]

The only numbers I relieve in are 42 and 1337. That said, good luck

[pbradley]

Originally Posted by gmku

Perhaps you should give up this silly dream of poisoning our childrens' minds, and just go open a head shop in Amsterdam or somewhere they take old drug addicts like you.

At least he's better than Tesla would be.

http://www.youtube.com/watch?v=g-Fe-IwAPA8

[gmku]

That's too funny. Tesla? You mean, Trevor?

[o'connor]

that blows man. you should just fire bomb the courthosue or something. bet it'd make you feel better.

[SuchFriendsAreDangerous]

Originally Posted by pbradley

The link to the California Marijuana Laws says there is no subsection b for HS 11359. Just this:

HS 11359. Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison.

I think SuchFriends meant HS 11357 b. Possession of less than 28.5 grams.

yes. that was quite a typo... try as they might, they will never be able to get me for that...

"herbs this herbsman is hustling, bright and early in the morning people, herbs this a herbsman is hustling, I know Sgt Brown is waitin! Herbs this a herbsman is hustlin, know its my neck I am riskin!


so after hours of phonetag with dozens of numbers and a spirit of confidence and absolute vindication, I have talked to an actual human being at the California Dept of Justice Marijuna Conviction Purge Unit [yes, they make this mistake so often it has its own department and office] who is working to take care of this little situation. It wont help for the instructional aide position I have an interview for next week, but it will be ready in time when I graduate in December and pursue a position with the Los Angeles Archdiocese, who definately do not take kindly to a history of drug convictions.

For once, in relation to cannabis and california, i am actually the one in compliance with the law, and the state fucked up, as usual. and the problem is being resolved. now if only we can get the bigger fish, like the fact the Inglewood PD killed two separate unarmed people on Monday and then on Wed this week....

 

[SuchFriendsAreDangerous]

 

the good Lord sent his angels to protect I-man from the darkness of the shitstem, for there are folks in more need then I, and it is a blessed gift that the Lord comes down from on High to help my petty cause, leaving me not on my own to face the persecution from them! His grace is eternal, is love immeasurable. He is quick to save, tardy to judge!

 

[atari 2600]

Sing Praises! It was all a proverbial blessing in disguise.

[gmku]

Yes, apparently spirituality and arrogance do go together.

[MellySingsDoom]

The whole thing stinks massively..."oh boo hoo, he smoked dope once and got caught....Never mind, we'll snort coke forever, but we won't get caught..."

Fuck the system, matey - you be far better than them.......

[SuchFriendsAreDangerous]

Originally Posted by atari 2600

Sing Praises! It was all a proverbial blessing in disguise.

"What if God, choosing to show Himself and make His power known, bore with great patience the objects of his wrath—prepared for destruction? What if he did this to make the riches of his glory known to the objects of his mercy, whom he prepared in advance for glory—" Romans 9

[reginald]

Seems in many cases, the most benign of illegal drugs gets the SHAFT by the laws and consequences.

I've been through my own fiasco involving a bust in '85 that was expunged, but the FBI still have it, but incomplete. They have the arrest and the charge but not the disposition. I wasn't prosecuted, but when I had a run-in with customs, they saw my arrest/charge and assumed I'd been convicted.

I got a lawyer to search for my expungement and he couldn't get it from the State. So I'm fucked. Caught in a legal rangle and can't get the disposition in the Federal records.

Damn the man.

[Cantankerous]

do what you gotta do. don't let the government keep you down.

don't let anyone keep you down, your existentence means nothing either way.