Nn .gov



2001 Orange County Child Care

Criminal Records Exemptions

Attached is a summary of 48 cases where individuals were granted a criminal records exemption to work or reside in a child care home or center. These cases are all the exemptions granted by the California Department of Social Services (CDSS) in 2001 for individuals in Orange County. This information was provided to the Orange County Register pursuant to a Public Records Act request, which they made last fall.

There are about 50 crimes which bar a person from ever working in child care. These crimes include murder, child abuse, rape, and spousal abuse. For other crimes, criminal records exemptions are required for individuals who have a criminal conviction and wish to work or be associated with a child care home or center.

An exemption is granted only after CDSS considers several factors as evidence of good character and rehabilitation. These factors include:

• The nature of the offence committed.

• Time elapsed since the offense was committed, and the number of offenses.

• Circumstances surrounding the commission of the crime that would demonstrate the unlikelihood of repetition.

• Activities since conviction, such as employment, education or participation in therapy, that would indicate rehabilitation.

• Character references.

• A Certificate of Rehabilitation from a Superior Court.

• Evidence of honesty and truthfulness as revealed in exemption application documents.

□ There were a total of 62 crimes committed by the 48 individuals.

□ 94% (58 out of 62) of those crimes were misdemeanors.

□ The most common offenses for which exemptions were granted were misdemeanor petty thief, misdemeanor welfare fraud, and misdemeanor shoplifting.

□ 2 out of the 48 individuals were convicted of a felony. In both cases, more than 15 years had elapsed between the conviction and the exemption.

For over two-thirds of the cases, the most recent offense occurred over 10 years ago. Following is a breakdown of the amount of time between when the individual was convicted of their most recent crime, and when a criminal records exemption was granted:

1 to 5 years: 3 individuals (6%)

5 years to 10 years: 13 individuals (27%)

10 years to 15 years: 12 individuals (25%)

15 years to 20 years: 9 individuals (19%)

20 years and older: 11 individuals (23%)

Total 48 individuals

Summary of the Exemptions Granted To Orange County Childcare Workers or Residents in 2001:

INDIVIDUAL #1

Crimes: PC 484/488, Petty Theft (Misdemeanor)

Dates of Conviction: 5-8-84

Date of Exemption: 5-31-01

Time between conviction and exemption: more than 17 years.

INDIVIDUAL #2

Crime: PC 484, Theft (Misdemeanor)

Dates of Convictions: 3-4-91

Date of Exemption: 7-19-01

Time between conviction and exemption: more than 10 years.

INDIVIDUAL #3

Crime: PC 487.1, Grand Theft (Misdemeanor)

Date of Conviction: 12-30-87

Date of Exemption: 3-20-01

Time between conviction and exemption: more than 13 years.

INDIVIDUAL #4

Crime: PC 476A(A), Insufficient Funds: Checks/Etc (Misdemeanor)

Date of Conviction: 8-20-86

Date of Exemption: 7-3-01

Time between conviction and exemption: more than 14 years.

INDIVIDUAL #5

Crime: PC 488, Petty Theft (Misdemeanor)

Date of Conviction: 3-28-95

Date of Exemption: 1-17-01

Time between conviction and exemption: more than 5 years.

INDIVIDUAL #6

Crime: WIC 10980(c)(2), Aid by Misrepresentation (Misdemeanor)

Date of Conviction: 7-27-99

Date of Exemption: 1-12-01

Time between conviction and exemption: nearly 1 ½ years.

NOTE: The Department originally denied the request for an exemption. After going through a hearing, the administrative law judge’s decision granted the exemption.

INDIVIDUAL #7

Crime: WIC 11483, Obtain Aid by Fraud, (Felony), WIC 10980(c), Fraud to Obtain Aid, (Misdemeanor)

Date of Convictions: 8-14-85

Date of Exemption: 1-4-01

Time between conviction and exemption: more than 15 years.

INDIVIDUAL #8

Crime: PC 487.1, Grand Theft (Misdemeanor)

Date of Conviction: 3-17-81

Date of Exemption: 6-12-01

Time between conviction and exemption: more than 20 years.

INDIVIDUAL #9

Crime: WIC 10980(c)(2), Fraud to Obtain Aid, (Misdemeanor)

Date of Conviction: 5-20-80

Date of Exemption: 5-16-01

Time between conviction and exemption: more than 20 years.

INDIVIDUAL #10

Crime: PC 484(A), Petty Theft (Misdemeanor)

Date of Conviction: 2-12-95

Date of Exemption: 6-26-01

Time between conviction and exemption: more than 6 years.

INDIVIDUAL #11

Crime: PC 602(j), Trespass: Injure Property, PC 484/488 (Misdemeanor), Petty Theft & PC 148.9 (Misdemeanor), False ID to Peace Officer (Misdemeanor), DUI (Misdemeanor)

Date of Convictions: 11-8-88, 12-15-88, 9-93

Date of Exemption: 4-17-01

Time between convictions and exemption: first three convictions- more than 12 years; second conviction- more than 7 years.

INDIVIDUAL #12

Crime: WIC 10980, Fraud to Obtain Aid (Misdemeanor)

Dates of Convictions: 2-4-95

Date of Exemption: 4-30-01

Time between conviction and exemption: more than 6 years.

INDIVIDUAL #13

Crime: PC 488, Petty Theft (Misdemeanor), PC 484/488, Petty Theft (Misdemeanor)

Date of Convictions: 11-05-81, 1-18-82

Date of Exemption: 5-10-01

Time between convictions and exemption: first conviction- more than 19 years; second conviction- more than 18 years.

INDIVIDUAL #14

Crime: WIC 11483, Obtain Aid by Fraud (Misdemeanor)

Date of Conviction: 11-18-86

Date of Exemption: 1-11-01

Time between conviction and exemption: more than 15 years.

INDIVIDUAL #15

Crime: Discharging Firearm Within City Limits (self disclosed) (Misdemeanor)

Date of Conviction: Sometime between 73 and 75

Date of Exemption: 1-25-01

Time between conviction and exemption: more than 26 years.

INDIVIDUAL #16

Crime: PC 488, Petty Theft (Misdemeanor)

Date of Conviction: 6-29-89

Date of Exemption: 7-18-01

Time between conviction and exemption: more than 11 years.

INDIVIDUAL #17

Crime: PC 240, Assault (Misdemeanor)

Date of Conviction: 8-12-85

Date of Exemption: 4-5-01

Time between conviction and exemption: more than 15 years.

NOTE: Individual claimed the assault charge resulted from an incident when she was pulled over by and had a confrontation with a police officer. Over 15 ½ years later, she was not convicted of another crime and was granted an exemption.

INDIVIDUAL #18

Crime: PC 488, Petty Theft (Misdemeanor)

Dates of Conviction: 2-16-95

Date of Exemption: 6-26-01

Time between conviction and exemption: more than 6 years.

INDIVIDUAL #19

Crime: PC 459, Burglary (Misdemeanor)

Date of Conviction: 4-11-90

Date of Exemption: 1-31-01

Time between conviction and exemption: more than 10 years.

NOTE: Individual claimed she was convicted of stealing baby clothes from Robinson’s Department store.

INDIVIDUAL #20

Crime: WIC 11483, Obtain Aid by Fraud (Misdemeanor)

Date of Conviction: 7-16-80

Date of Exemption: 6-25-01

Time between conviction and exemption: more than 20 years.

INDIVIDUAL #21

Crime: PC 148.9(A), False ID to Peace Officer (Misdemeanor)

Date of Convictions: 7-6-93

Date of Exemption: 5-1-01

Time between conviction and exemption: more than 7 years.

INDIVIDUAL #22

Crime: PC 166.4, Disobey Court Order (2 counts), VC 12500(A) (Misdemeanors), Driving without a license (Misdemeanor)

Date of Convictions: 7-24-96

Date of Exemption: 3-2-01

Time between convictions and exemption: more than 4 years.

INDIVIDUAL #23

Crime: PC 470, Forgery (2 counts) (Misdemeanors)

Date of Conviction: 5-18-83

Date of Exemption: 1-25-01

Time between conviction and exemption: more than 17 years.

INDIVIDUAL #24

Crime: PC 459, Second Degree Burglary (2 felony counts), Second Degree Burglary (felony)

Dates of Convictions: 11-20-74, 10-7-80

Date of Exemption: 2-1-01

Time between convictions and exemption: first two convictions- more than 26 years; second conviction- more than 20 years.

NOTE: Individual’s wife runs the daycare out of their home. He has a job outside of the home.

INDIVIDUAL #25

Crime: PC 273.5(A), Inflict Corporal Injury on Spouse/Cohab (Misdemeanor)

Dates of Convictions: 3-19-92

Date of Exemption: 6-28-01

Time between conviction and exemption: more than 9 years.

INDIVIDUAL #26

Crime: PC 148.9, False ID to Peace Officer, PC 653F(D) (Misdemeanor), Solicit Specified H&S Acts (Various offenses involving controlled substances) (Misdemeanor)

Dates of Convictions: 1-2-87, 5-13-92,

Date of Exemption: 7-18-01

Time between convictions and exemption: first conviction- more than 14 years; second conviction- more than 9 years.

INDIVIDUAL #27

Crime: WIC 10980(c), Aid by Misrepresentation, PC 118 (Misdemeanor)

Date of Convictions: 4-30-92

Date of Exemption: 7-10-01

Time between conviction and exemption: more than 9 years.

INDIVIDUAL #28

Crime: WIC 10980(C)(2), Fraud to Obtain Aid (Misdemeanor)

Dates of Convictions: 7-16-96

Date of Exemption: 3-27-01

Time between conviction and exemption: more than 4 years.

INDIVIDUAL #29

Crime: PC 243(D), Battery with Serious Bodily Injury (Misdemeanor)

Date of Conviction: 8-10-87

Date of Exemption: 6-25-01

Time between conviction and exemption: more than 13 years.

NOTE: Individual claimed that the charge stemmed from an incident that happened nearly 14 years ago before the exemption was granted. She self disclosed that she was in a vehicle when she shot a coffee stirrer using a rubberband (according to her, the police claimed it was a slingshot) out the window and it hit an individual.

INDIVIDUAL #30

Crime: PC 459, Burglary (Misdemeanor)

Date of Conviction: 12-4-79

Date of Exemption: 2-2-01

Time between conviction and exemption: more than 21 years.

INDIVIDUAL #31

Crime: PC 415(1), Fight/Challenge Fight Public Place (Misdemeanor), PC 484/488, Petty Theft (Misdemeanor)

Dates of Convictions: 8-8-77, 5-6-81

Date of Exemption: 5-29-01

Time between convictions and exemption: first conviction- more than 23 years; second conviction- more than 20 years.

INDIVIDUAL #32

Crime: PC 484/488, Petty Theft (Misdemeanor)

Date of Conviction: 5-6-81

Date of Exemption: 4-10-01

Time between conviction and exemption: more than 19 years.

INDIVIDUAL #33

Crime: PC 484(A), Theft (Misdemeanor)

Date of Conviction: 11-30-90

Date of Exemption: 5-16-01

Time between conviction and exemption: more than 10 years.

INDIVIDUAL #34

Crime: PC 415, Disturbing the Peace (Misdemeanor)

Date of Conviction: 4-16-75

Date of Exemption: 6-28-01

Time between conviction and exemption: more than 26 years.

INDIVIDUAL #35

Crime: WIC 10980(c), Fraud to Obtain Aid (Misdemeanor)

Dates of Convictions: 2-25-88

Date of Exemption: 5-22-01

Time between conviction and exemption: more than 13 years.

INDIVIDUAL #36

Crime: UI 2101, False Statement/Etc Regarding Aid (Misdemeanor)

Date of Conviction: 11-26-85

Date of Exemption: 7-20-01

Time between conviction and exemption: more than 15 years.

INDIVIDUAL #37

Crime: (Rap reads “Non Retainable Offense”, (Misdemeanor), 3 days Jail, 12 months probation)

Date of Conviction: 4-10-79

Date of Exemption: 8-1-01

Time between conviction and exemption: more than 22 years.

INDIVIDUAL #38

Crime: PC 415(2), Disturb by Loud/Unreasonable Noise (Misdemeanor)

Date of Conviction: 9-13-95

Date of Exemption: 3-7-01

Time between conviction and exemption: more than 5 years.

INDIVIDUAL #39

Crime: PC 484(A), Theft of Personal Property (Misdemeanor)

Dates of Convictions: 8-4-88

Date of Exemption: 3-7-01

Time between conviction and exemption: more than 12 years.

INDIVIDUAL #40

Crime: BP 25662, Minor Possess Alcohol, PC 12020(A) (Misdemeanor), Possess/Mfg/Sell Dangerous Weapon Etc. (Misdemeanor)

Dates of Convictions: 11-27-89, 3-6-96

Date of Exemption: 6-19-01

Time between convictions and exemption: first conviction- more than 11 years; second conviction- more than 5 years.

NOTE: According to the arrest report, individual violated PC 12020(A) when the police found a “billyclub” lying under the driver’s seat in the individual’s vehicle.

INDIVIDUAL #41

Crime: PC 415(2), Disturb by Loud/Unreasonable Noise (Misdemeanor)

Dates of Convictions: 1-8-86

Date of Exemption: 4-10-01

Time between conviction and exemption: more than 15 years.

INDIVIDUAL #42

Crime: Shoplifting (Misdemeanor)

Dates of Convictions: 1974

Date of Exemption: 7-19-01

Time between conviction and exemption: more than 27 years.

INDIVIDUAL #43

Crime: PC 594(B)(4), Vandalism (2 counts) (Misdemeanors)

Date of Convictions: 10-29-92

Date of Exemption: 5-21-01

Time between convictions and exemption: more than 8 years.

INDIVIDUAL #44

Crime: PC 484(A), Shoplift (Misdemeanor)

Date of Convictions: 5-29-91

Date of Exemption: 6-22-01

Time between conviction and exemption: more than 10 years.

INDIVIDUAL #45

Crime: Shoplift (self disclosed) (Misdemeanor)

Date of Conviction: 1988

Date of Exemption: 1-25-01

Time between conviction and exemption: more than 13 years.

INDIVIDUAL #46

Crime: PC 459, Burglary (Misdemeanor)

Date of Convictions: 2-27-89

Date of Exemption: 2-5-01

Time between conviction and exemption: more than 11 years.

INDIVIDUAL #47

Crime: PC 12025(A), Carry Concealed Weapon in Vehicle (Misdemeanor)

Date of Conviction: 1-24-94

Date of Exemption: 7-18-01

Time between conviction and exemption: more than 7 years.

INDIVIDUAL #48

Crime: WIC 11483, Obtain Aid by Fraud, WIC 18910 (Misdemeanor)

Date of Convictions: 4-11-80

Date of Exemption: 7-24-01

Time between conviction and exemption: more than 21 years.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download