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I was fired from a job as an STNA State Tested Nursing Assistant after my employers found out I had been arrested; however, my record was expunged appx 2 years prior to me being employed with them. The basis of them firing me was that I had lied on my application when I aswered "No" when asked if I had been convicted of a crime. My unemployment benefits are now being denied because my employer stated I was dishonest on my application. Help...
Hello P:
Technically, an expungement only HIDES your conviction. It doesn't remove it. If asked, and you want to be honest, you must reveal it... A pardon, on the other hand, REMOVES it entirely.
By the way, even though it's expunged, many background checks will still pick it up.
excon
The explunge only hides it from the state and Federal background searches, private searches that already had it in their files would already have it.
I was told by the Judge that I could now legally answser NO. And the research I have done so far supports the following differences between a pardon and expungement:
"With a pardon the conviction still stands, but the sentence has bee waived, this can only be done by the Governor or in some cases the President.
An Expungement is done by the courts and wipes the record of that conviction clean. This is useful when new evidence turns up after someone is convicted.
Regardless, I am still trying to determine if in fact, I can answer No. I guess I'll probably need an attorney if I want to fight it but it seems lousy I was directed by the judge that I could indeed answer No yet get fired for doing just that. Any additional help would be greatly appreciated please. Thanks everyone.
Hello again, P:Quote:
Originally Posted by Piedmontlake
I have no idea why you're seeking advice from whomever on the internet, when your judge already gave you the law. I stand by my answer. You, and your judge, have it exactly backwards
excon
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