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Home > Law > Criminal Law   »   Can a misdemeanor from the past effect me now due to a criminal background check?

 
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Old Apr 4, 2007, 04:52 AM
missbird
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Can a misdemeanor from the past effect me now due to a criminal background check?

I received a misdemeanor for possession of marijauna. I had to seek a lawyer and go to court where the judge told me that I was on a year parole and if I didn't get into "trouble," the conviction would be expunged from my record.

I am appyling for a job and want to know if this will appear on my records and if so, how do I get the information of when the misdemeanor happened and the final disposition?

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Old Apr 4, 2007, 05:25 AM   #2  
ScottGem
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If the judge said it would be expunged then that should have happened. You need to contact your PO or the agency that currently oversees parolees and check their records.
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Old Apr 4, 2007, 05:34 AM   #3  
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Hello miss:

Well, if you've been wandering around here before you asked your question, you'd know that my position is that, as long as there is a record somewhere with your name on it, it CAN be found. So, in my view, there is no absolute here, even if your record WAS expunged.

I say the above, because your record, even if it was expunged, is still available to the police. Therefore, if it's available to the cops, it's available to the marketplace for the right price. It’s true. I think cops will break the law.

Now, if you're just going to work for Wal-Mart, then I don't think your conviction will come up. But, if you are going to work for Homeland Security, then I think they'll find it, no matter what.

Having said all that, so what? All you want to know is if it will appear on your "records", assuming there is such a "record". Ok, spend $50 on a background check on yourself. See what comes up. If you can't see it after spending $50, I doubt an employer will see it if he only spends $35.

But, like I said above. There are no absolutes dealing with this subject. Other people will tell you there are. Ok. I've been disagreed with before.

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Old Apr 4, 2007, 10:43 AM   #4  
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Hello just a couple of corrections, first it would be probation, not parole, you get parole to be released from prison, you bet probation instead of going to jail.

Next did they say they would explunge the record ( is that the words they used) Normally many judges makes it a suspended sentence if you stay out of trouble.

There is a big difference on the record from a suspended sentence to a explunged record.

If the record is explunged it can not be seen by normal public viewing, but would be available to the police and other national security background checks.

Now of course you need to check, since far to often many things that are suppose to happen don't, so it may be worth running a report on yourself to see what shows up.
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