Bart Kaspero
Criminal Defense and Consumer Privacy LawAs a dedicated trial lawyer, Bart Kaspero has the skill and expertise to handle a comprehensive range of regulatory matters. Over the course of his career, Mr. Kaspero has developed strategic solutions and defenses for businesses and individuals facing legal uncertainty. He has been selected for inclusion in the Nation's Top One Percent Lawyers, Super Lawyers® Rising Stars list, named to the Top 100 Trial Lawyers by the National Trial Lawyers, and listed among the Attorneys of Distinction by Orange Coast Magazine. Let his firm review your case in a free consultation today!
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- Civil Rights
- Privacy Law
- Gov & Administrative Law
- Administrative Law
- DUI & DWI
- Arbitration & Mediation
- Business - Arbitration/Mediation, Consumer - Arbitration/Mediation
- Background Check Removal
- FaceTime
- Zoom
- Microsoft Teams
- Free Consultation
- Credit Cards Accepted
- California
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- English: Spoken, Written
- Polish: Spoken, Written
- Spanish: Spoken, Written
- Founder
- RecordFixer.com
- - Current
- Automated criminal record privacy app. Remove past arrests, charges, and convictions from background check databases. Legaltech Web Application designed for Lawyers and Consumers
- Principal
- Defense Lawyer Corp.
- - Current
- Orange County Criminal Defense Firm
- Attorney
- SKT Law PC
- -
- Regulatory Lawyer
- Chapman University Fowler School of Law
- (2005) Juris Doctorate (J.D.)
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- Honors: Moot Court Honors Board
- Activities: Moot Court
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- University of California - Irvine
- B.A. (2001) | Clinical Psychology
- -
- Honors: Cum Laude
- Activities: Model United Nations Debate Team
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- Rising Star
- Super Lawyers Magazine
- Rising Star
- Super Lawyers Magazine
- Rising Star
- Super Lawyers Magazine
- Rising Star
- Super Lawyers Magazine
- National Consumer Law Center
- Member
- - Current
-
- Orange County Trial Lawyers Association
- Member
- - Current
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- Orange County Bar Association
- Member
- - Current
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- Life Skills & Civil Rights, Orange County, CA
- Taller San Jose
- Business Intelligence / Data Warehouse Technology
- University of California Irvine
Part 1/3: The Truth About Arrest Records and How they are Stored
Criminal Record Privacy lawyer and researcher Bart Kaspero shows the path that a single arrest takes over time and how that information is kept in private databases. Many who have been arrested and never charged for the original offense are surprised to learn that dating apps, rental applications, and job interviews can reveal this past event. Using a simple visualization, you can see how the arrest data is stored and eventually used in ways people didn't expect.
Part 2/3: The Truth About Criminal Charges and How they are Stored
Criminal Record Privacy lawyer and researcher Bart Kaspero shows the path from a single arrest to criminal charges and how that information is kept in private databases. Many who have had their criminal charges dismissed are surprised to learn that dating apps, rental applications, and job interviews can reveal this past event. Using a simple visualization, you can see how the arrest and criminal charge data is stored and eventually used in ways people didn't expect.
Part 3/3: The Truth About Criminal Convictions and How they are Stored
Criminal Record Privacy lawyer and researcher Bart Kaspero shows the path from a single arrest to a criminal conviction and how that information is kept in private databases. Many who have had their criminal charges dismissed or expunged are surprised to learn that dating apps, rental applications, and job interviews can reveal this past event. Using a simple visualization, you can see how the arrest and criminal charge data is stored and eventually used in ways people didn't expect.
- Q. Should I pay to get my record cleaned? I read in CA, if not convicted, your arrest wont show in background check. True?
- A: 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 have already obtained the information about the arrest. Given your situation, you need to make sure that the case will not be filed (through the local District Attorney's office). Once you have confirmation, it is highly recommended that you seek a petition to seal the arrest from public view. On the other hand, if the case is filed and successfully dismissed (or diverted), you need to obtain a record from the clerk's office showing this was the case. California offers many avenues of clearing ones record but the laws are complex and hard to navigate. You may need to find an experienced attorney to give you a full review to make sure you know you're doing the right thing.
- Q. We're my rights violated under the Fair Credit Reporting Act (FCRA) and if so do I have any recourse?
- A: 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 parties. If your specific scenario involves mistaken identity (or identity theft), then you may have grounds for bringing several causes of action. It would also help to know what kind of arrest there was an active warrant for (felony versus misdemeanor) as well as the kind of employment involved because there are some businesses/agencies who have a mandatory duty to report certain crimes. Without knowing this, anyone providing you with an concrete answer will have to do a full evaluation of your civil, consumer, and employment rights. Please also keep in mind that employment background check litigation can be extremely complex given the issues involved and that it would be best to have your case checked by an attorney that can spot these intricate issues.
- Q. Judge wouldn't give me a public defender for my Factually innocent case.
- A: 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 before a judge to hear your arguments as to why there was no probable cause for the arrest (and thus, no reason to prosecute you). This motion is made under Penal Coe 851.8--and the County Court where you will file this will have their own version so just look up 851.8 on their website. If a hearing is needed, the district attorney opposing the motion will likely be the one that sends out the subpoena for the hearing. Your question included language that you were not interested in just sealing the records. Even though the petition has the title of "petition to seal arrest", the motion may be granted by the police which saves you the hearing. The "Factual Innocence" designation makes all the difference. Keep in mind that your post does not include the actual disposition of your case (Example: no charges were filed after the arrest, case was dismissed, found not guilty by a jury). Therefore, it's a little bit difficult to provide you with the exact advice you need accomplish what you're looking for. Either way, wish you the best of luck on your motion!
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