EMS-CA-Background Check

[Luke11]

Hi,

I was convected of one felony (Commercial Burglary - Shoplifting Alcohol) and one misdemeanor (Public Intoxication) at the age of 14, I am now 22.

Has been convicted and released from incarceration for said offense during the preceding ten (10)
years for any offense punishable as a felony."​

Dose this still apply to me even though my resource go's onto say,

Equivalent
convictions from other states shall apply to the type of of
fenses listed in (c) and (d). As used in this Section,
“felony” or “offense punishable as a felony” refers to
an offense for which the law prescribes imprisonment
in the state prison as either an alternative or the
sole penalty, regardless of the sentence the particular
defendant received. ​

I'll provide the link to the resource that I'm using, I very much appreciate the time of anyone that take a look at this.

Thanks,
- Luke

EMT Certification of Individuals
with Criminal Conviction History
As a Local EMS Agency (LEMSA) and certifying entity,
Coastal Valleys EMS Agency must adhere to
the relevant State of California regulations governing the certification of EMTs. Part of the
certification process entai
ls a complete criminal history background check through the California
Department of Justice and FBI. Applicant convicti
on and incarceration history must be reviewed and
evaluated for certification elig
ibility based on state standards
prior to certification.
The following excerpts from the California Code
of Regulations (CCR) Title 22.Social Security
Division 9 (Prehospital Emergency Medical Services Chapter 6, Process for EMT and Advanced
EMT Disciplinary Action) deal with this issue.
Section 100214.3 details those criminal convictions for which the EMS Agency
must
deny (or
revoke) EMT certification. The section language re
quires the Local EMS Agency Medical Director
act in accordance with the regulations as stated.
The EMS Agency cannot certify individuals with
criminal history consistent with the section.
§ 100214.3. Denial or Revocation of a Certificate.
(a)
A certifying entity, that is no
t a LEMSA, shall advise a certificati
on or recertificatio
n applicant whose
conduct indicates a potential for disciplinary cause, based on an investigation by the certifying entity
prompted by a DOJ and/or FBI CORI, pursuant to Section 100210(a) of this Chapter, to apply to a LEMSA
for certification or recertification.
(b)
The medical director may deny or revoke any EM
T or Advanced EMT certificate for disciplinary cause
that have been investigated and verified by application of this Chapter.
(c)
The medical director shall deny or revoke an
EMT or Advanced EMT certificate if any of the following
apply to the applicant:
(1)
Has committed any sexually related offense sp
ecified under Section 290 of the Penal Code.
(2)
Has been convicted of murder, attempted murder, or murder for hire.
(3)
Has been convicted of two (2) or more felonies.
(4)
Is on parole or probation for any felony.
(5)
Has been convicted and released from incarceratio
n for said offense during the preceding fifteen
(15)
years for the crime of manslaughter or involuntary manslaughter.
(6)
Has been convicted and released from incarceration for said offense during the preceding ten (10)
years for any offense punishable as a felony.
(7)
Has been convicted of two (2) or more misdemeanors within the preceding five (5) years for any
offense relating to the use, sale, possession, or transportation of narcotics or addictive or dangerous
drugs.
(8)
Has been convicted of two (2) or more misdemeanors within the preceding five (5) years for any
offense relating to force, threat, violence, or intimidation.
(9)
Has been convicted within the precedi
ng five (5) years of any theft related
misdemeanor.
(d)
The medical director may deny or revoke an EMT or Advanced EMT certificate if any of the following
apply to the applicant:
(1)
Has committed any act involving fraud or intentional dishonesty for personal gain within the
preceding seven (7) years.
(2)
Is required to register pursuant to Section 11590 of the Health and Safety Code.​

 

[Akulahawk]

That's kind of hard to follow... that being said, the answer will depend upon some things that we won't likely be able to answer. You were 14 at the time, per you, so whether you were charged/convicted as an adult or a minor can substantially change things. I suggest you do two things: contact a lawyer and the court where you were originally convicted and find out whether or not your slate as an adult is clean. Only then can you find out the answer you seek.

I know this isn't the answer you seek, but it should point you in the right direction to find the correct answer. I wish you luck in you future endeavors!

 

[Luke11]

charged/convicted as an adult

Well I believe that I was convicted as minor. The court fees were payed, I still owe the lawyer $600 tho, and that is getting in the way of an expungement from what I understand. Would you know if the expungement of the case determine if these count as adult or minor offenses? I know an expungement would be grate, but I don't have the money to pay the lawyer. I went to court at 14, was charged at 14 and released from probation at 17.

 

[Akulahawk]

Your best bet is still to contact the lawyer and find out if you were charged as an adult. That makes a HUGE difference as to whether or not you can do something about the convictions such as expungement or legal seal because it's a record as a minor. Even then you may still be required to disclose those convictions because Law Enforcement can usually see everything unless it's specifically sealed, which takes a court order to unseal.

 

[Loki Grim]

Well this is a dialogue with a lawyer that I just had, any thoughts?

A sustained juvenile petition is not considered a conviction in California, although legally speaking, it is the equivalent of a conviction in adult court. Generally, you don't have to disclose juvenile matters because they are not convictions. Licensing authorities would be able to see these matters, however. So If the application asks you to list convictions and you don't include them, your non-disclosure and your offenses could have a negative effect on your application.

There are two schools of thought here. One is that you have no convictions and should not have to admit to any when the admission would not be correct. The other is that you have had encounters with the law and since the licensing authority can see that for itself, it looks like a cover up if you don't include them. I've always leaned to disclosing, with a note that it was not a conviction, but there are plenty of folks, among them some lawyers, who would disagree.

 

[Loki Grim]

Well this is a dialogue with a lawyer that I just had, any thoughts?

Yup, that's what I'm saying. In Calfornia, juvenile matters are brought by petition. So in the end they are not considered convictions. Yes, I know that the concept is contradictory. It would be a conviction if it were brought in adult court, but as it was not it's a sustained petition rather than a conviction.

 

[SandpitMedic]

Were you tried as an adult or as a juvenile? Was it in the superior court of blah blah county?

This you should know. And thus, know the answer.

 

[SandpitMedic]

I can promise you this though. With a felony conviction, your fingerprint livescan is going to come back hot against the DOJ and FBI databases. Generally the question is "have you ever been convicted...." And they will see that you have; they are the government.

Therefore I would advise against marking the "no" box... Because well, if you pop hot after saying no... Well now you are being untruthful to the government worker overseeing your paperwork.

That's not legal advice. That is the cold hard truth.

As to whether or not you age is a factor depends on the person reviewing your application and their guidelines.

As AK stated... A lawyer could guide you in the right direction, yet the bottom line is you have a felony on record. One that has not been expunged (which doesn't matter to the gov anyway.)