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  • If you have been arrested or convicted of a crime, disorderly persons, petty disorderly persons or a juvenile offense (varies by state) you may be eligible for an expungement. Not all convictions can be expunged. The nature of the offense committed, the number of convictions that you have, as well as a few lapse time periods are factors which determine whether someone is eligible under your state's law. While there is usually a time limit that you must wait before filing for an expungement, you can immediately file for an expungement if you were arrested, but not convicted.

    Dependent on which state you live in, the court in that state may, in certain instances, restrict access to or disclosure of a conviction. Since these procedures vary from state to state, you should consult with legal counsel in the state where the incident occurred as early in the legal process as possible to determine what ramifications a criminal conviction or disposition may have on one's employment in the future, and what remedies are available to someone who has been charged or convicted of a crime.

    If a private employer asks if you have ever been convicted of a crime, you can respond with "no." On questions by government employers if you are asked if you have ever been convicted of a crime, you must disclose the expunged case.

    Comment


    • Originally posted by ExRebel View Post
      If you've been arrested of very minor offenses (non felony), I was told that one could expunge his/her record. So when background investigations are done they show nothing.
      No. An expungement changes and updates the disposition of the case to reflect a dismissal. This means the court file, the DoJ, and the FBI update their files to show the case has been ordered dismissed by the court.

      Comment


      • Originally posted by DCH View Post
        Doh!!

        ...or, it could be a copy of your credit report that they are by law required to furnish you a copy if requested??? ...I know, it's reachin', but I HATE getting "hate mail" from a prospective employer!
        This will come via regular mail, not certified mail.
        sigpicTwo is one,
        one is none.

        Comment


        • Originally posted by ExRebel View Post
          If you've been arrested of very minor offenses (non felony), I was told that one could expunge his/her record. So when background investigations are done they show nothing.
          Can you expound on the above statement? For instance, did the arrest lead to a conviction, and if so, was the conviction a misdemeanor or felony? The reason I ask, is that many jurisdictions will not allow an individual to expunge a conviction (with some very little exceptions), whether the conviction was a misdemeanor or a felony. In the event of a conviction, these jurisdictions may allow for the conviction to be sealed, however there are usually qualifying offenses that will be eligible for this, and some will fall outside of the scope of being able to be sealed. In order to know for sure what (if any) benefit you qualify for (expungement, sealing, or executive clemency), I would suggest you contact your local District Attorney's office, or your state's Review Board.
          sigpicTwo is one,
          one is none.

          Comment


          • Originally posted by Twoisone View Post
            Even money says it is a NOPA letter....
            It's a NOPA. Been there, done that.
            Written Test: 3/08
            NOR: 4/08
            TO: 4/08
            Medical: 4/08
            Fitness: 6/08
            VBT: 6/08
            Met with investigator: 10/08
            Received NOPA: 11/08
            Won appeal: 3/09
            TSU: 4/23/09 (Michigan) pulled in May for fitness
            New fitness: 7/28/09
            Back in TSU: 8/3/09

            Comment


            • Originally posted by DCH View Post
              Doh!!

              ...or, it could be a copy of your credit report that they are by law required to furnish you a copy if requested??? ...I know, it's reachin', but I HATE getting "hate mail" from a prospective employer!
              CBP isn't required by law to provide you with a copy. They are required by law to tell you that a copy is available to you, but the credit reporting agency is the one needs to furnish it upon your request. Long story short, you shouldn't see a copy of your credit report come from Homeland Security or any government agency for that matter, it will come from TransUnion, Equifax, etc - and you will usually be expecting it having asked them for it 1 or two weeks prior.
              Last edited by TuffStuffCBP; 10-30-2009, 09:47 PM.
              CBPO
              GEO - NY/JFK
              TEST - 03/08 (NOR: 04/08)

              TO - 01/09
              PE Forms - Completed
              Fitness - Completed
              VBT - 03/09 - Completed
              Drug Screen - Completed
              Qual - 05/09 - Completed
              B.I. - 05/09 - Completed
              Medical - 05/09 - Completed
              TSU


              EOD: ???
              FLETC: ???

              Comment


              • Originally posted by CBPO_PR View Post
                That's make me think it could be a NOPA or a poligraph examination appointment. Does anybody has any idea of what type of letters they send using certified mail service?
                Yeah...I can speak from experience on the NOPA coming via certified mail and the credit agency notifications coming via snail mail.

                Comment


                • Originally posted by CBPO_PR View Post
                  Hello everybody. I came back at home 20 minutes ago and I found a notice in my mailbox. It says that I have a letter
                  from Homeland Security in the post office and I can go
                  to pick it up tomorrow after 8:30 a.m. I'm concerned
                  because it's a certified letter.
                  It's a NOPA. I was all excited when my mailman came knocking on my door with a certified letter from CBP. My excitement quickly vanished. Good news is that I overcame the NOPA.

                  Just write a very detailed and intelligent response and you should be fine- as long as you aren't an axe murderer or anything.

                  Comment


                  • Originally posted by CBPO_PR View Post
                    Hello everybody. I came back at home 20 minutes ago and I found a notice in my mailbox. It says that I have a letter
                    from Homeland Security in the post office and I can go
                    to pick it up tomorrow after 8:30 a.m. I'm concerned
                    because it's a certified letter. For my letters they never used the certified service. I have received my test results, TO, VBT results, fitness test results,etc.. and none of them were certified. This is the first time.
                    The only thing I'm waiting for is my background.
                    That's make me think it could be a NOPA or a poligraph
                    examination appointment.
                    Does anybody has any idea of what type of letters they
                    send using certified mail service?
                    Thanks and good luck to everyone.
                    Hi people. Thanks to everybody for your responses.
                    I already went to the post office. It's a letter from my
                    adjudicator from Immigration and Customs Enforcement.
                    She is requesting some documentation.
                    I don't know if it's a NOPA or not. It doesn't said
                    that I'm found unsuitable or something like that.
                    I have the documentation that she is requesting for.
                    It's an issue related about my old job. The investigator
                    who did my background for CBPO went to my old job
                    human resources department an he confirmed my
                    story. I will give her my investigator phone number and
                    e-mail just in case she needs more proof.

                    For CBPO I checked the CASS and the background was
                    pending. Then I remember the status line and I called
                    and it says completed. I hope to be in TSU soon because
                    the background was the last thing to be completed.

                    Thanks again people and excuse my english skills.

                    Comment


                    • Job

                      I work for TSA and the U.S. Army..........Fun..fun..fun... just poored out now the sandbox is a mudbox.......
                      "whys the sky blue? because god loves the Infantry"

                      Comment


                      • Originally posted by imlikeaninja View Post
                        Explain this expungement of which you speak.
                        You must file with the court of conviction, or court of appeals responsible for the court of record. Keep these things in mind, they are not always granted because you must show a reason (youthful indiscreation, conviction overturned, pardoned ect) and it is up to the Judge. These do not apply to Law Enforcement records checks, even for backgrounds for employment.

                        Comment


                        • After you mail back your medical re-certification form to the MHC, how long does it take to return to TSU? I sent it with Delivery Confirmation and it arrived a little over 2 weeks ago.
                          Geo Area: SFO/OAK
                          Written: 08/23/08- 92 (87+5)
                          NOR: 09/2008
                          TO: 09/25/08
                          Medical/Physical:10/08,09/09,10/09
                          Drug Test: 11/2008
                          Oral Board: 12/03/08
                          BI: 03/12/2009 (Initiated 10/2008)
                          Qualifications: 03/17/09
                          Referred to TSU:03/19/09


                          IEA Agent
                          Geo Area: San Francisco County
                          Written:05/26/09
                          T.O.:08/28/09
                          Pre-Employment Forms Sent To DSC: 09/11/09
                          Medical/Fitness:11/02/09
                          Interview:PASSED on 11/16/09

                          Comment


                          • Originally posted by mamadawg View Post
                            These do not apply to Law Enforcement records checks, even for backgrounds for employment.
                            This is not necessarily true. It is very dependent on jurisdiction. At an agency I worked all records of a case are expunged, including police records. In fact I was sued by a woman who had the arrest expunged. If it weren't for her bumbling lawyer we (the other officers on the case and I) would not have had access to our police report. He offered a copy of the report and of course our lawyer accepted it. Without the police report none of the officers involved would have remembered much about the case. It was over four years from arrest to the filing of the civil suit. That also brings up another bit of advice save copies of all reports you are involved with.

                            Also remember even if a court case is expunged friends and neighbors might remember the issue and tell the BI about it. Part of the process for the BI is to obtain leads you did not provide, so you do not control the BI. Failing to disclose an expunged record could result in an unfavorable determination, if the expunged record is supposed to be revealed. Think about it, if the record was expunged, that means the court feels it is no longer relevant to your life. No doubt an adjudicator will have the same feelings. If it was an arrest that the prosecutor did not file on or you were found not guilty, it will not effect your BI at all, you'll just have to explain it. If it was some thing you were found guilty of, but the court later expunged it, you had to give the court a very compelling reason to wipe it off your record. The court will not simply expunge a record because you asked, there has to be a compelling reason. If your reason was compelling enough for the court to buy it, it will be compelling enough for the adjudicator to accept. If you fail to disclose an expunged record that was asked for, the adjudicator will find you unsuitable for falsifying an official document.
                            But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security.

                            For the intelectually challenged: If the government screws the people enough, it is the right and responsibility of the people to revolt and form a new government.

                            Comment


                            • Anyone else expecting an email from TSU this week saying that there are no vacant funded positions in our geographic area? I think it will be a monthly blast.

                              Comment


                              • Originally posted by jflores View Post
                                Don't forget to wish me Happy TSU B-day 12/15........I know I know, it hurts to type it........ lol
                                Wow, one year... Here I am complaining about 100 days. I hope you get the call soon.

                                Comment

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