[Redstrong]

I have read just about every piece of information I could regarding this subject and I am probably more confused than before I started. I am about to complete a deferred sentence for a misd-marijuana and fel-synthetic marijuana. As part of my agreement the charges will be dismissed and expunged at the end of probation. My main question is regarding live scan. I want to eventually teach college as I have a masters and considering pursuing my doctorate. Some places of higher learning require live scan background checks. Other use third party. I have read several sites and fr_chuck has said it should not show once it is expunged to employers unless it is a sensitive position such as teaching children or national security. I have also read numerous posts of people who have had things expunged and got denied jobs or even fired because live scan reveals it. My questions are this. These people who have been denied jobs do to expungements... did this happen because it was not expunged properly? Someone running the background check broke the law and submitted it to the employer? Were they mistaken and it really was not expunged? Or was it considered a sensitive position as I described earlier? I am also wondering if there are far more people that have had expungements and got great jobs despite misd or felony offenses of the past since expunged that do not ask or report on here because it worked out for them? I guess I'm wondering if the horror stories I've read are a minority of people who went through this or if it is common. When I run a live scan on myself once things are done and I have my expungement papers, if something pops up is there any steps I can take to keep it from showing to colleges I want to work at? If not, would I be better to just tell places with live scan that I was never legally convicted of anything and the charges were dismissed/expunged hoping it won't be held against me? My record before and since the incident has been completely spotless. I am fearful after reading some of these horror stories that my whole life is ruined.

[smoothy]

I have read just about every piece of information I could regarding this subject and I am probably more confused than before I started. I am about to complete a deferred sentence for a misd-marijuana and fel-synthetic marijuana. As part of my agreement the charges will be dismissed and expunged at the end of probation. My main question is regarding live scan. I want to eventually teach college as I have a masters and considering pursuing my doctorate. Some places of higher learning require live scan background checks. Other use third party. I have read several sites and fr_chuck has said it should not show once it is expunged to employers unless it is a sensitive position such as teaching children or national security. I have also read numerous posts of people who have had things expunged and got denied jobs or even fired because live scan reveals it. My questions are this. These people who have been denied jobs do to expungements...did this happen because it was not expunged properly? Someone running the background check broke the law and submitted it to the employer? Were they mistaken and it really was not expunged? Or was it considered a sensitive position as I described earlier? I am also wondering if there are far more people that have had expungements and got great jobs despite misd or felony offenses of the past since expunged that do not ask or report on here because it worked out for them? I guess I'm wondering if the horror stories I've read are a minority of people who went through this or if it is common. When I run a live scan on myself once things are done and I have my expungement papers, if something pops up is there any steps I can take to keep it from showing to colleges I want to work at? If not, would I be better to just tell places with live scan that I was never legally convicted of anything and the charges were dismissed/expunged hoping it won't be held against me? My record before and since the incident has been completely spotless. I am fearful after reading some of these horror stories that my whole life is ruined.

What country and state would this be in...

If its on your record (and it really will be there forever for all actual purposes) what turns up will depend on who runs the check and what kind of check is run... YOU can't do anything about that, and have to be honest on your applications understanding a false statement will likely result in your termination when discovered.

Also important is if this event occurred as a minor or adult.

[Redstrong]

I am adult. It happened in GA USA. I transferred to a different state twice since it happened and do not expect any violations as I finish probation. This means according to what I was told by the DA, judge, and my lawyer as well as documentation that even during probation I can legally say I was never convicted of anything since it is a deferred judgment. When I am finished everything it will be expunged. I was told the federal and Georgia state law enforcement would have access to it but obviously if other state law enforcement wanted it they could get it through the FBI. I also know that sensitive positions regarding national security, law enforcement, and public school teaching could get access. That's fine. I don't plan on pursuing those careers anyway. I do however want to teach at a college or at least start as an admissions counselor or something. I would assume since they are adults that they may not have the same access regarding fingerprinting and live scan as a public school would. I have seen many posts that say that in terms of employment and fingerprinting background/live scan checks that it would not show OR it would show to the police who are running it but they are not allowed to report it to the employer unless it is one of the sensitive positions (if expunged correctly) yet I have also read horror stories of people being isolated from good work for what they describe as the rest of their life for one mistake they made which was dismissed and expunged. I can understand if it is breach of trust issue and they are trying to work for a bank or law enforcement cause that follows what I have been told and read. Most of the horror stories I read seem to be in youth education, banking, law enforcement or come from California or Texas where expungement really is not expungement. In reality if it pops up and shows dismissed and expunged will most employers disqualify me? I would also find it hard to believe that someone who has expunged records and has gone on to get a great job would post it for everyone to see. They would have no reason to ask a question or seek advice at that point. If it is going to pop up on a FBI/live scan/fingerprint check as dismissed and expunged, I don't have a problem telling them but I am not going to check yes. I'll check no and explain or tell them verbablly but refuse to say I was convicted when I never was, especially after expungement. It is my legal right unless specifically asked for expungments to say no. So to close out my reply, is this supposed to show up on a fingerprint check or not? If it's not, what can I do to correct it? Send the DOJ and or FBI my expungement documents requesting they honor it and not report it? I know they have no obligation but from what I understand they usually honor state requests. If it does show up on a live scan correctly and consistently as dismissed and expunged will this really be something that kills any chance of a career in higher education? Maybe I am naïve but I would imagine that most people would not hold dismissed and expunged charges against someone unless in the sensitive job areas which I don't think colleges fall into since many use third parties.

[Redstrong]

It should also be noted that using third party checks on myself half show nothing. Half show I am on probation in my previous state. I got busted in GA. Lived in another state which I transferred to and since moved to another. Third party sites show nothing in terms of GA and nothing for my current state. Half show I am on probation in my previous which is incorrect as no longer am. Third party sites that show I am on probation in my previous state also show no details of what happened. Just simply "probationer." Is it possible that somehow GA and my current state have kept this from public view as I am on a deferred judgment which technically means the case is pending? And if it does not show now would it be fair to assume it would not show after expungement? Is there anything I can do to show third party sites I am not on probation in my previous state any longer? Thanks for any help from anyone. In summary I just sort of want to get an idea of what I am in store for. Maybe I am a dreamer but I really hope one mistake that is soon to be expunged will not ruin all my hopes and dreams and goals forever. That just does not seem right to me.

[smoothy]

Its never going to go away... the Courts will Always see it... and many types of background checks will always turn it up.


Some superficial checks might not get it... and eventually something that happened enough years in the past won't matter like something that happened just a few years ago.

As an adult... your accept responsibility for your mistakes... and live with them... Even people in witness protection don't have their pasts wiped.

[Redstrong]

Its never going to go away....the Courts will Always see it...and many types of background checks will always turn it up.


Some superficial checks might not get it...and eventually something that happened enough years in the past won't matter like something that happened just a few years ago.

As an adult...your accept responsibility for your mistakes...and live with them....Even people in witness protection don't have their pasts wiped.

I did take responsibility for what happened. That's called doing your time and serving your sentence. People don't deserve to have one mistake ruin their future. What is the point of expungement then? Why don't we just sentence people to death or life in prison for one issue if they won't be able to work or get housing? That's what it amounts to.

[smoothy]

I did take responsibility for what happened. That's called doing your time and serving your sentence. People don't deserve to have one mistake ruin their future. What is the point of expungement then? Why don't we just sentence people to death or life in prison for one issue if they won't be able to work or get housing? That's what it amounts to.

That's life... kill one person and they never let you forget it... If you go to work at Walmart... its unlikely to turn up...

Try to get any job with a security clearance... and it WILL...

How ever you are missing the point I was making. If you have something that happened 20 years ago... it unlikely to matter... but try to get a job at the DEA with a conviction just a couple years fresh... its going to matter a lot.

Nobody gets the slate wiped clean... otherwise you could keep repeating the same crime and claim every time it was your first... that right there is the reason it never really goes away... its used particularly in the future if you keep getting arrested...

You didn't get life in prison for a speeding ticket... but while the points do drop off after a few years the court knows exactly what you got and when you got it... because repeat offenders aren't treated as lightly as first time offenders.

[Redstrong]

Thats life.....kill one person and they never let you forget it....If you go to work at Walmart....its unlikely to turn up...

Try to get any job with a security clearance...and it WILL....

How ever you are missing the point I was making. If you have something that happened 20 years ago....it unlikely to matter......but try to get a job at the DEA with a conviction just a couple years fresh....its going to matter a lot.

Nobody gets the slate wiped clean...otherwise you could keep repeating the same crime and claim every time it was your first....that right there is the reason it never really goes away.....its used particularly in the future if you keep getting arrested....

You didn't get life in prison for a speeding ticket....but while the points do drop off after a few years the court knows exactly what you got and when you got it....because repeat offenders aren't treated as lightly as first time offenders.

Oh I realize I am never going to work for the DEA, law enforcement, or national security or anything like that. I want to work at a college teaching at some point. I may have to start somewhere else like as admissions counselor or information or something. I'd be truly excited about that. And I understand it may pop up with schools using third parties. Probably will with live scan but I guess I am hoping that at a university they will see that it was dismissed and expunged and not hold it against me like they would at a public school district or law enforcement. I don't plan to repeat any offenses. I learned my lesson and that is the truth and I don't care if law enforcement can see it cause your point is valid and it helps to show if there are dangerous people out there. I do care however that I may never be able to land a job in higher education and I cannot wait 20 years for that chance as I may not be alive. I guess my hope is that if I'm honest and click "NO" but still explain I have one arrest that is dismissed and expunged that the majority of employers won't care. I am a realist and know I will run into employers that will hold it against me but I hope it is the minority given the field I want to work in. My current boss knows and said as long as I'm not legally convicted he does not care. It's just unclear to me that the horror stories I've read are what always happens even if it is not a sensitive position or if they are the exception due to the fields they want and state they live in. I also posted so I could get some advice on how to ensure the expungement goes through correctly before I end up like someone who has an expungement done improperly. I appreciate your response.

[smoothy]

Oh I realize I am never going to work for the DEA, law enforcement, or national security or anything like that. I want to work at a college teaching at some point. I may have to start somewhere else like as admissions counselor or information or something. I'd be truly excited about that. And I understand it may pop up with schools using third parties. Probably will with live scan but I guess I am hoping that at a university they will see that it was dismissed and expunged and not hold it against me like they would at a public school district or law enforcement. I don't plan to repeat any offenses. I learned my lesson and that is the truth and I don't care if law enforcement can see it cause your point is valid and it helps to show if there are dangerous people out there. I do care however that I may never be able to land a job in higher education and I cannot wait 20 years for that chance as I may not be alive. I guess my hope is that if I'm honest and click "NO" but still explain I have one arrest that is dismissed and expunged that the majority of employers won't care. I am a realist and know I will run into employers that will hold it against me but I hope it is the minority given the field I want to work in. My current boss knows and said as long as I'm not legally convicted he does not care. It's just unclear to me that the horror stories I've read are what always happens even if it is not a sensitive position or if they are the exception due to the fields they want and state they live in. I also posted so I could get some advice on how to ensure the expungement goes through correctly before I end up like someone who has an expungement done improperly. I appreciate your response.

I don't think its going to permanently exclude you... just in the short term it might. And a lot depends on how deep they check... and how they view that particular crime. Meaning get a shoplifting, or other theft conviction and kiss any chance at working at a bank goodbye. And that conviction would pretty much exclude you from most medical fields where access to drugs is possible. But that's not your field of interest anyway.

And really, that's the right of the employer to determine if it matters or not. That's something else you are going to be finding out about... At WIll Employment, you or anyone else don't have the legal right to a specific job... You are there at their WIll... or your own. And they really need no reason to send you packing, and they can't keep you from quitting. A lot of what young people think are entitlements and rights really aren't.
.

[Fr_Chuck]

The issue with background searches is who they use, and in the US while there are laws, if the records person is new or in a hurry, they are suppose to take out any explunged record before they give it out. If they forget and don't edit it, it will show up.


Are the people doing the hiring suppose to take a explunged record into consideration, no, so if they see it, they are suppose to ignore it, we know they won't.

Also if the search is done though a private search company, many are, their records often show up explunged records, since they don't have to seal theirs.

[Redstrong]

I don't think its going to permanently exclude you....just in the short term it might. And a lot depends on how deep they check...and how they view that particular crime. Meaning get a shoplifting, or other theft conviction and kiss any chance at working at a bank goodbye.

And really, that's the right of the employer to determine if it matters or not. That's something else you are going to be finding out about....At WIll Employment, you or anyone else don't have the legal right to a specific job...You are there at their WIll....or your own. And they really need no reason to send you packing, and they can't keep you from quitting. A lot of what young people think are entitlements and rights really aren't.
.

Yea, I understand that. I don't live in an at will state and if I did, if they know about the expungement and hire me anyway as long as I do a good job like I always do I don't think I'll have anything to worry about. It's just getting a shot that worries me. I figure my best bet is to go ahead with the expungement, send notices to all the third parties I can find with my documentation and then when I get live scanned just tell them an expungement may pop up but I was never convicted, it's dismissed and expunged. By the time I am done it will be pretty close to three years since the incident and by the time the expungement goes through fully at all levels which I understand takes 2-3 months it will have been 3 years with no problems.

[smoothy]

Yea, I understand that. I don't live in an at will state and if I did, if they know about the expungement and hire me anyway as long as I do a good job like I always do I don't think I'll have anything to worry about. It's just getting a shot that worries me. I figure my best bet is to go ahead with the expungement, send notices to all the third parties I can find with my documentation and then when I get live scanned just tell them an expungement may pop up but I was never convicted, it's dismissed and expunged. By the time I am done it will be pretty close to three years since the incident and by the time the expungement goes through fully at all levels which I understand takes 2-3 months it will have been 3 years with no problems.

AT WILL is not RIght to work... you are thinking right to work they do mean different things...

At Will means you aren't in a Union or have a detailed labor contract. RIght to work means Unions can't have closed shops or make employees pay dues to work there. AT WILL is the law of the land for most people.

With any job... making yourself hard to replace by being really good at what you do... will let them overlook a lot of things they wouldn't for a lesser quality employee. Of course that's outside certain occupations.

[Redstrong]

Well none of this sounds very encouraging. I guess I'm screwed for life.

[Redstrong]

The issue with background searches is who they use, and in the US while there are laws, if the records person is new or in a hurry, they are suppose to take out any explunged record before they give it out. If they forget and don't edit it, it will show up.


Are the people doing the hiring suppose to take a explunged record into consideration, no, so if they see it, they are suppose to ignore it, we know they won't.

Also if the search is done though a private search company, many are, their records often show up explunged records, since they don't have to seal theirs.

What records person? At the employer or the DOJ or a third party? I thought there was regulation that third parties cannot reveal explunged records. What steps can I take to ensure this expungement from being seen as best as possible? I realize no steps are fool proof and it could always pop up but I would love to have some advice on how to have it pop up as little as possible. In some other posts you have made fr_chuck I've read that you said govt checks/live scans etc are not supposed to give out the info to employers unless sensitive clearance jobs. Is there anything I can to improve my chances of this from popping up at that level? I'm real stressed about this everyday and feel like my future is shot for one mistake. The point of expungement is to not ruin someone's future employment chances. There has got to be something me or my lawyer could do to ensure or improve my chances of it showing as little as possible.