A CLBING MLG CROSSES SJC VOR AT 14000 FT VERSUS THE REQUIRED 12000 FT AS DISPLAYED ON THE SID. CREW THOUGHT THEY WERE CLRED SJC '12000 FT OR ABOVE.'

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CLRED LOOP 9 DEP OUT OF SJC. AFTER TURNING SE; 120 DEG HDG; WE WERE CLRED DIRECT R TURN TO SJC 'CLB AND MAINTAIN FL230 CROSS SJC AT OR ABOVE 12000 FT' OR 'CROSS SJC AT 12000 FT THEN CLB AND MAINTAIN FL230.' WE THOUGHT WE WERE GIVEN AT OR ABOVE 12000 FT. TO THIS DAY WE ARE STILL UNSURE. HOWEVER; THE NEXT CTLR ASKED US WHAT OUR CLRNC WAS. THE SID SAYS TO CROSS SJC AT 12000 FT. WE CROSSED IT IN THE CLB AT ABOUT 14000 FT. I BELIEVE THIS MISCOM (IF IT OCCURRED) WOULD BE DUE TO CREW FATIGUE. WE ARRIVED IN SJC AT APPROX XA30; BUSSED ACROSS TOWN TO SJC; EXPECTED TO SLEEP DURING THE MIDDLE OF THE DAY; THEN FLY A RED EYE TO BOSTON THAT EVENING. LEGAL YES; PRACTICAL NO WAY! SUPPLEMENTAL INFO FROM ACN 417358: BOTH MY COPLT AND I WERE SURE WE WERE CLRED AT OR ABOVE 12000 FT; BUT THE QUESTION FROM CTR BRINGS THAT INTO QUESTION. LESSON LEARNED: IF A CLRNC IS OTHER THAN EXPECTED; VERIFY. ALSO; IT WOULD HAVE PREVENTED ANY PROB IF WE HAD CHKED IN WITH THE COMPLETE CLRNC; 'CROSS SJC AT OR ABOVE 12000 FT CLBING TO FL230;' WHEN WE WENT FROM DEP CTL TO CTR. THAT SHOULD GET THE CTLR'S ATTN IF IT WAS OTHER THAN WHAT HE EXPECTED.