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Home > Law > Criminal Law   »   Criminal History

 
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Old Jun 9, 2006, 11:35 AM
gdykes
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Criminal History

I have been told that after a 10 year period - a person does not have to disclose their criminal history on employment applications. Can anyone confirm this statement.

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Old Jun 9, 2006, 12:03 PM   #2  
excon
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Hello:

I can confirm that you have been told wrong!

excon
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Old Jun 9, 2006, 12:20 PM   #3  
Fr_Chuck
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I can tell you as a prior police officer and one who used to help run criminal histories for employers.

The information given to the public ( companies you are tyring to go to work for) will show any conviction you have ever had that is not explunged.

So if the application says any, it means any, some applications only ask about the last 10 years but most say ever.

But for the police or any national security agency, any arrest ( even if not convicted) any probation, parole, any conviction ( even explunged ones) will show up. If you have been arrested before, it will even list any tattoos or other visable physcial things about you.
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Old Jun 9, 2006, 04:26 PM   #4  
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Where do you live?

Different places do have different laws.

Odds are the info. you were given is wrong, but who knows?
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Old Jun 9, 2006, 05:39 PM   #5  
gdykes
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I live in Texas and that is where the crime was comitted - I did Federal Time
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Old Jun 11, 2006, 07:21 AM   #6  
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Hello again, g:

Maybe I was a little short with you earlier. I meant no disrespect. I've done a little federal time too, in addition to state time, and some county time..... No, I've never been in a city jail.

What I know about doing time, is that if you listen long enough, you'll hear everything. However, as you must know (since you actually lived through it) most of what you hear in the slam is BS.

In my view, this is one of those. It ought to be fairly easy to track down, though. It WAS federal time, so the law you speak of would be a federal, as opposed to state, law. I looked. I couldn't find anything remotely like what you are speaking about.

Plus, if you really think about it, our nation is not in a very friendly mood toward exconvicts, these days. As a matter of fact, they're passing laws all the time that make it MORE difficult for ex-offenders - not easier. You need to ask yourself, why would they pass a law that would be BENEFICIAL to an exconvict. The answer is, of course, they WOULDN'T.

You are to be commended, however, for asking rather than just acting as thought the rumor your heard was fact. That could get you into real trouble, as you know.

So, let's talk about the ways you can help yourself. First, if it's been ten years, and you have no recent criminal conduct, then you should apply for a pardon - or at the very least, expungment. Why not??? If you qualify, they should give it to you. Well, "give" might be an overstatement. Like anything you've ever gotten from them, you're gonna have to fight for it. So, what else is new? Hire a good lawyer.

As the Padre said, an "expunged" record will show up for the cops and the courts, but not for the public. It "should" be hidden, however, I wouldn't trust that to be an absolute fact, given the lack of security within the Gov. If you're asked whether you've been convicted of a felony, the true answer would be yes. Whether you answer that way is up to you. I'm not here to preach.

A pardon, on the other hand, removes the conviction ENTIRELY from existence. If you're asked about it, you can say that you've never been convicted.

Anyway, dude. That's my two cents. Good luck.

excon
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Old Jun 11, 2006, 10:51 AM   #7  
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There are all sorts of levels of security, I have went though some very high level of security backgrounds both pre 9/11 and post.

In the one background check they actually sent investigators to talk to neighbors I had over the past 10 years, they went and talked to high school teachers, college teachers, friends I had back then.

( somehow they found some old girlfiends and talked to them) They even had a list of "lines" I had used in some bars.

They even came up with things I had forgotten years ago.

So I guess everything is all respective as to what job you are applying to.

Also many jobs don't actually run criminal records, they ask but because of the cost of running them most don't for alot of jobs.
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Old Jan 3, 2008, 07:47 AM   #8  
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Well Im a recent grad with a 4.0 in trucking school. I had a felony case for possion in 04. Are there any trucking companies that will hire me? Im willing to take as many drug test as they want to give me. I realize how serious trucking is, now. One moving violation in past three years
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