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Pleading no contest has the same consequences as pleading guilty. Didn't your attorney explain that to you? The judge has the final say on the case and if she said case dismissed at the end and signed a court document contract that said "case dismissed" then your case was dismissed and no conviction. But if you simply pleaded no contest and were let off with no fine or jail then that still is a record that resembles a conviction. No jail time doesn't mean not guilty/no conviction. That could be why you were fired.
After some digging I was able to find several sites with free legal forms that you can file yourself. However you will first have to have a copy of your arrest information. I don't know what the court costs are but it will have to be worth it.
I'm glad I stopped by this thread. This has nagged at me for so long. About a year ago, I applied for a job that I really wanted, I was well suited for but I didn't get it because of this. This will remove alot of stress for me.
You appear to be sanguine about your experience. I am probably not telling you anything you don't know, but you need to head down to the court house or by mail, start filling out those ole expungemnt forms...And yes, anyone with a computer and a little research ability can find your arrest record, even 10 years ago, unless it has been destroyed. but court records go back 30 plus years, either in computer form or paper form. So I advise to take care of it.
I have a question...an ex of mine was about 21 when he basically performed a white collar crime, he spent about 4 days in a NY jail until he went to court and had to pay restituition. They told him that after five years it will come off his record and his record would be clean...that was 18 years ago..since then he has had a backround check about 8 years ago, I forgot what they call it but I think the word he used was "bonded" Nothing ever showed up so can he assume its off his record for good? He had a clean record prior to the stupid thing he did back then.
I would prefer to err on the side of caution and not rely on an employer doing a background check. I would check myself. Call or go or write the court and ask the clerk, if there is any arrest, disposition or dismissal or conviction under his name. My guess, is yes, it is still there, unless "he" actually expunged it. Usually, one has to prompt beauracracy, they don't do things sua sponte or other words on their own. Have him check it out, since he doesn't want to apply for a job, be neck to neck iwth the other gal or guy and lose out because he didn't spend a quarter on a phone call. Also, the employer might have seen it, but not taken it into account, because it was so long ago,,,but do you really want to rely on not knowing...
p.s. Even if there is no formal record, that an employer or joe blow can see, it is still there. The police and D.A. have their own system which they keep a record of stops or arrests, even if nothing came of it. This is not important, unless you want to get a job with the D.A.'s office or police.
good luck
heh artsy guy, your posts have a missed selectivity....
I guess you missed this post I posted FIRST!
Hint: Many States do not allow Expungment!! Some states do allow it. Furthermore, a Felony Conviction is not easy to expunge,,, and I don't hold out much hope for you.
Just a bit of advice... but even if you get a record expunged, that doesn't necessarily mean that it will not show up when an apartment or job does a background check. Many have contracted to companies that keep databases of criminal backgrounds.
"Database records do not provide current criminal activity. These records are processed for reselling and then updated infrequently, often monthly, quarterly, or even annually. Some jurisdictions never report at all.
Criminal databases are also not updated to reflect dismissed status, cases not prosecuted or if the applicant has successfully served deferred adjudication. This results in “false positive” reports that will deny otherwise qualified applicants. "
What this means is that you can get your record expunged all you want; however, many of these type companies will still have you down for that felony. You will only know when you go to apply and get rejected and given the background company's name. Then you have to provide documentation for them to update their data with.
Just a bit of advice... but even if you get a record expunged, that doesn't necessarily mean that it will not show up when an apartment or job does a background check. Many have contracted to companies that keep databases of criminal backgrounds.
"Database records do not provide current criminal activity. These records are processed for reselling and then updated infrequently, often monthly, quarterly, or even annually. Some jurisdictions never report at all.
Criminal databases are also not updated to reflect dismissed status, cases not prosecuted or if the applicant has successfully served deferred adjudication. This results in “false positive” reports that will deny otherwise qualified applicants. "
What this means is that you can get your record expunged all you want; however, many of these type companies will still have you down for that felony. You will only know when you go to apply and get rejected and given the background company's name. Then you have to provide documentation for them to update their data with.
Sorry to be the bearer of bad news on that.
That is bizarre. The company I work for gets info straight from court/public records. If something is adjudicated, we know. If something currently pending trial, we know that as well. If something is clearly a false hit, we know. Of course, we are not just an automated database; we have real people doing real work
I broke the law and I can't find work. Wah-Wah-Wah, I am a victim, society is so corrupt. Wah-Wah-Wah all the way home.
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