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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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Anonymous #1

Expungement of records?
    #12874262 - 07/09/10 06:18 PM (13 years, 10 months ago)

Say someone has had two convictions, as a legal adult. Both of which are non-violent in nature, (a DWI as a youth and a paraphernalia charge as a younger adult), but DID have a few CHARGES, not convictions, at various points. Two charges that would have been felony possession charges, and one that would have been a violent crime.

All three of these were dismissed, or plea-bargained in one possession case. Will these show up on a criminal background check? Like for applications to university/appt./employment opportunities.

I have not ordered a background check, (they cost money), to see what shows up. I have never been convicted of a felony or violent/property crime. If something that was CHARGED, but not resulting in a CONVICTION, would show up on a background check is it possible to have these removed, as no guilt was found in the "courts of teh law"?

Thanks for any responses

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Offlinesuburbanned
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Re: Expungement of records? [Re: Anonymous #1]
    #12875281 - 07/09/10 10:19 PM (13 years, 10 months ago)

Depending on what kind of check and what their perimeters are, charges may show up.  I think expunged will also show up but may not say what they are for?

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Offlineiluvfungi
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Re: Expungement of records? [Re: suburbanned]
    #12876288 - 07/10/10 03:22 AM (13 years, 10 months ago)

Almost everything shows up if you are adult. Unless some weird exception was made.

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Anonymous #1

Re: Expungement of records? [Re: iluvfungi]
    #12879102 - 07/10/10 06:15 PM (13 years, 10 months ago)

So basically, simply being charged and not convicted for a charge will ruin your life. That seems a bit off, being a felon is a good as being charged with a felony whether you committed the crime, or not, or were actually convicted.

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Anonymous #2

Re: Expungement of records? [Re: Anonymous #1]
    #12880747 - 07/11/10 12:48 AM (13 years, 10 months ago)

Generally after 7 years you don't have to list it.

It cost the company more money to search further and further back.

If you are applying for a job with a security  clearance, they will likely find out.

I have a felony, I always come clean with an employer about it, and let them know how it is chalked up as a learning experience, and how young dumb and full of cum I was. They will either laugh it off or hold it against you. :shrug:

I don't think I am legally required to tell them, since I have been out of any trouble for over 7 years, but I may be wrong.

It really depends on what you're applying for, if you should list it or not.

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Anonymous #1

Re: Expungement of records? [Re: Anonymous #2]
    #12882439 - 07/11/10 01:08 PM (13 years, 10 months ago)

But there WAS no felony, only the charge. And the case was dropped, there was no crime committed. And the other two were non-violent and reduced to misdemeanors.

I do realize the actual charge still shows up, I'm wondering how to NOT have the charge shown up, have records expunged or sealed due to non-conviction. Or just start wooing anyone who might do a security check to charm them beforehand from here on.

Edited by Anonymous (07/11/10 01:08 PM)

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Anonymous #3

Re: Expungement of records? [Re: Anonymous #1]
    #12882726 - 07/11/10 02:14 PM (13 years, 10 months ago)

I have been arrested for a lot of felonies but never charged.

They always show up on my background checks.

Some places don't count it if you were never charged, other places see an arrest as the same as a conviction.

I don't think there is any way to expunge if you were never convicted.  If you do expunge, the arrest record will always still be there.

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Invisiblefastfred
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Re: Expungement of records? [Re: Anonymous #3]
    #12883120 - 07/11/10 03:42 PM (13 years, 10 months ago)

Most applications ask if you've been convicted or pled guilty to a felony.  Some say "in the last 7 years" or "any crime" rather than felonies.

Anyhow, about 80% of the time if you say no they don't run any sort of background check.  If they do run a background check and then deny you employment they usually have to supply you with the name of the background check company.

If you guys are really all that worried I suggest you contact the places supplying the information (State, city, local, whatever) and ask them to remove it.  If they don't then file a small claims lawsuit against them for damages from lost employment.  Each time you are denied employment file a new suit against them.

I bet 9 times out of 10 they will simply remove the information before the first lawsuit.  Another legal means would be to sue the police department for false arrest, slander, and libel.

In either case the legal merits don't really matter much, the goal is just to get them to remove the offensive information.  I can't really see any organization wanting to battle it out legally when a few keystrokes can save them all the hassle.


-FF

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Anonymous #4

Re: Expungement of records? [Re: fastfred]
    #12885451 - 07/12/10 01:22 AM (13 years, 10 months ago)

i got my rap sheet from my lawyer and it had everything i have been charged with for the last 15 or so years

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InvisiblePrisoner#1
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Re: Expungement of records? [Re: fastfred]
    #12890955 - 07/13/10 01:30 AM (13 years, 10 months ago)

Quote:

fastfred said:
If you guys are really all that worried I suggest you contact the places supplying the information (State, city, local, whatever) and ask them to remove it.  If they don't then file a small claims lawsuit against them for damages from lost employment.  Each time you are denied employment file a new suit against them.

I bet 9 times out of 10 they will simply remove the information before the first lawsuit.  Another legal means would be to sue the police department for false arrest, slander, and libel.




expungement is pretty easy and close to free, it takes little more than writing a few letter, why go through the trouble unless you've exhausted the other courses of action first, I mean if you end up in front of a judge and he says 'did you try writing a letter?' if that answer is no...

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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order


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