ALLEN WEST and the CRITICS
About 20 years ago, the geophysical company owned by Allen West was hired to do a water survey for a city in California. At that time, West could legally practice in California as a petroleum geophysicist but was unaware that he needed a specific license to do geophysical surveys for water. The District Attorney (DA) filed charges, claiming West had engaged in “false advertising” by performing water surveys without the correct license[i].
West admitted his mistake and his attorney reached a plea agreement with the DA. West agreed to accept a misdemeanor (not a criminal felony) for practicing without a license and paid the cost of the state’s investigation ($4,500). That punishment is about as severe as that for driving while intoxicated[ii]. The DA was satisfied that West made an inadvertent mistake, so there was no jail time, no punitive fine, and no restitution. The city did not join the lawsuit, did not complain about the work performed, and did not ask for their money back.
The DA agreed that if West fulfilled the plea agreement, he would let a judge dismiss the charges and expunge the misdemeanor from West’s record and that is what happened. Pasted at the bottom of this is the California Court Order Expunging the Conviction[iii]. The court order has three key points (highlighted in yellow): “IT IS HEREBY ORDERED that
- the plea of guilty … be set aside,
- a plea of not guilty be entered, and
- the complaint therein be hereby dismissed.”
Under California law, the term “expunged” means that the misdemeanor was “dismissed.”[iv],[v],[vi] If West were to apply for a security clearance, or run for public office, or apply for state licensing, he would have to disclose that yes, he received a misdemeanor 20 years ago but was eventually judged to be not guilty and the conviction was dismissed. In non-governmental interactions, based on California law for dismissals (Penal Code 1203.4a), West can truthfully and legally say to anyone else that he was not convicted[vii],[viii].
Some critics of the Younger Dryas Impact Hypothesis (YDIH) and the investigations at Tall el-Hammam in Jordan have long engaged in ad hominem attacks against West. They have spread false claims and distortions about what happened 20 years ago while purposely failing to mention that West was found not guilty and the case dismissed. Critics have twisted the facts to call into question the scientific evidence produced by West through insinuations and innuendos that West must be some evil mastermind behind a devious conspiracy to fake scientific evidence for publication. They maliciously suggest that West has been able to completely fool his co-authors, including a member of the U.S. National Academy of Sciences, a past president of the Archaeological Institute of America, a NASA section chief, three scientists from prestigious National Laboratories, three scientists from the U.S. Geological Survey, and more than 60+ other co-authors from 55+ universities in 16+ countries, who have collectively published more than 5,000 scientific papers. That ludicrous notion is among the most nonsensical conspiracy theories floating around today and yet, a small group of critics continues to falsely claim that it is true.
The Court Order below says it all. Why do West’s critics find it so hard to understand the words ‘not guilty’ and ‘charges dismissed’? The Court’s dismissal of a single mistake in judgment by West 20 years ago should be the end of the story.
[i] California State government: The California Business and Professions Code, Section 17500. SOURCE: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=17500.&lawCode=BPC
[ii] https://www.shouselaw.com/ca/dui/laws/1st-offense/
[iii] California State government: “If they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty …. the court shall thereupon dismiss the accusations or information against the defendant…. The defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted” SOURCE: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1203.4.&lawCode=PEN
[iv] From San Diego County government: “[Expungement will] result in a new entry in the court record showing the dismissal of the case…. “[Expungement will] allow you to answer on many, but not all, job applications that you have not been convicted. If, however, you are applying for a government job or a job which requires a government-issued license, certificate, or permit, or a job which involves a security clearance, the conviction will be discovered; in such cases, you should disclose the initial conviction and its later expungement.” SOURCE: https://www.sandiegocounty.gov/public_defender/expungement.html
[v] From Superior Court, Sacramento: “The most common reason for obtaining relief pursuant to PC1203.4/ 1203.4a/ 1203.4b is to allow the previously-convicted person to state on non-governmental employment applications that they have not been convicted.” SOURCE: https://cosmictusk.com/wp-content/uploads/2022/01/1203-4-dismissal-process.pdf
[vi] “A PC 1203.4 petition [for expungement] takes your plea from “Guilty” or “No Contest” and changes it in the court record to “Not Guilty.” It then sets aside and dismisses the conviction, changing the court record from “Convicted” to “Case Dismissed.” SOURCE: https://www.mcgregorlawcorp.com/post-conviction-relief
[vii] “A major benefit of a PC 1203.4 expungement is that a person who receives one can lawfully answer “no” if asked whether he/she has been convicted of a crime.” SOURCE: https://www.shouselaw.com/ca/defense/post-conviction/expungement/benefits/
[viii] “Your background check will no longer show a “conviction” but instead show your case has been “Dismissed, pursuant to PC 1203.4.” SOURCE: https://iecriminaldefense.com/expungement-laws-pc-1203-4-in-california/