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    KMAZON's Avatar
    KMAZON Posts: 1, Reputation: 1
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    #1

    May 15, 2008, 02:10 PM
    Backround Check Info Removal?
    My 20 daughter just was denied a job due to her backround check showing a petty misdemeanor for drug paraphanela possession in Feb 08 in MN. SHould this have shown up? And what can we do to get this supressed/changed so she can gain employment? SHe is drug free and this was a huge blow to her future.

    Any help is greatly appreciated!:)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 15, 2008, 02:34 PM
    Quote Originally Posted by KMAZON
    My 20 daughter just was denied a job due to her backround check showing a petty misdemenor for drug paraphanela possession in Feb 08 in MN. SHould this have shown up? And what can we do to get this supressed/changed so she can gain employment? SHe is drug free and this was a huge blow to her future.

    Any help is greatly appreciated!:)

    The Minnesota website says: "Your complete Minnesota criminal record is a combination of all of the files and records of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor(s) ever charged against you in Minnesota; as well as the sentences served for those charges. Every city, county and state law enforcement agency, prosecutor's office and courthouse keeps its own records.

    In Minnesota, any person can search District Court criminal records at the county courthouse. An employer or a landlord will most likely search the court records of the county where you live or work. Whichever county (or counties) is searched will have only the criminal records for that particular county. Another place that the public, including employers and landlords, check criminal records is at the Minnesota Bureau of Criminal Apprehension (BCA) in St. Paul. Law enforcement agencies throughout Minnesota report information in their records to the BCA. The BCA has a "statewide" computerized record of criminal cases, part of which is accessible to the public and part of which is private. An employer or a landlord can access the public records, and if he gets your written permission before doing the search, he may also see your private criminal record at the BCA. The BCA private records include juvenile criminal history, and may also include details about being arrested. Contact the BCA for more specific information on their policies and procedures on records.

    Minnesota Courts retain some type of record of court cases forever. Just because a case is old does not mean the record is no longer available to be viewed by the public. Older paper files may be archived (in storage), saved on microfiche, or saved in a digital format, but information about court cases will always be saved; information never automatically "drops off." Court records are viewable by the public unless sealed by law or court order.

    You can ask the court to seal one or more criminal cases. This is called "expungement." This action does not erase your criminal case record, but it does limit who can see it. Read about Criminal Expungement on the MN Judicial Branch's Self-Help Center website for more information about sealing criminal records, or contact a clerk at your county courthouse and ask for the expungement paperwork. No one can accurately predict how a judge will decide your request for expungement."
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 15, 2008, 05:05 PM
    Well was she arrested or ticketed for this crime, an in Feb of this year was she either found guility or plead guilty?

    If this is really her and she really did this, yes it most certainly should be showing up, her criminal record will show up her entire life. And the more and worst crimes you do, it is often harder and harder to get jobs.
    A conviction like this, while minor and often a plea agreement when you actually had drugs, basically tells the public that they used drugs at that time.

    She can latter ask for it to be explunged but normally tey will want there to be many years to pass first.

    Also what is or was her punishment, is she still on probation ?

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