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  • Confused about Expungement

    outdated info
    Last edited by JordanWhney; 09-04-2005, 06:31 PM.

  • #2
    Confused about expungement

    Okay, No such thing as an expungement when it comes to background investigations. If you have a record, the BI will find out. Not knowing the circumstances in your particular case, I can only give you some general advice. Be honest, both on the application, and with the interviewer if you get that far along in the process. You withold , or fail to divulge information at your own risk. It could cost you the job.

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    • #3
      Originally posted by PhilipCal
      Okay, No such thing as an expungement when it comes to background investigations. If you have a record, the BI will find out. Not knowing the circumstances in your particular case, I can only give you some general advice. Be honest, both on the application, and with the interviewer if you get that far along in the process. You withold , or fail to divulge information at your own risk. It could cost you the job.


      What PhilipCal said!
      ''Life's tough......it's tougher if you're stupid.''
      -- John Wayne

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      • #4
        Sorry, but you still have to tell them about it.

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        • #5
          One of my instructors who is a retired ATF agent said that "An expungement will clear everything." I guess he was wrong.

          I went and talked to the director of the local police academy and he said I should be fully eligible in December. (4 year waiting period.) He said that the majority of individuals have something on their background. However, I think I'll wait another couple of years to put some time between me and the incident. Thanks for the replies.

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          • #6
            People often mistake an Expunged record for a Sealed Record. Here's what I was informed by an attorney. The only way a record can be Expunged is if the crime was not commited by you, but by someone using your identity. We see these a lot in Identity Fraud cases.

            Now if you did commit the crime as a minor, or you wish to prevent private business from discorering it in a BI, you can request to have the record sealed. However, LE agencies are exempt from this and can see what's behind the seal. Hope that helped.

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            • #7
              As police officers we can open sealed or expunged records so this probably no it would keep somebody from becoming an officer here.
              Expinged is good for civilians not foir this career. It will be held against you.

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              • #8
                Originally posted by Bodie
                As police officers we can open sealed or expunged records so this probably no it would keep somebody from becoming an officer here.
                Expinged is good for civilians not foir this career. It will be held against you.


                So let me get this straight Bodie, if I reside in Boston and a guy in california steals my identity and commits armed robbery, as far as LE is concerned, I'm still guilty even if it is proven I was the victim of identity theft, and did NOT commit the crime?

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                • #9
                  Originally posted by Bodie
                  As police officers we can open sealed or expunged records so this probably no it would keep somebody from becoming an officer here.
                  Expinged is good for civilians not foir this career. It will be held against you.

                  I'm having a hard time understanding your posts. Please retype the last fragment of your first sentence.

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                  • #10
                    Originally posted by JordanWhney
                    I'm having a hard time understanding your posts. Please retype the last fragment of your first sentence.
                    He'll just tell you if you have anything on your record you have no future in L.E. He thinks every cop that gets hired as a flawless record, is 6'5, flawless physical shape, and has a masters degree and can speak 10 different languages.


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                    • #11
                      In Background, "You lie, you die." Anything that is in writing especially as it relates to criminal matters must be divulged. Let the BI determine if it is relevant or not. You lie, you die.

                      Expungement is not relevant when it comes to the hiring process of any civil service job. When you sign the waiver, and wanted to become a cop, you pretty much gave up all of your rights to the Dept and BI. To hide it would be foolish.

                      Inside information from a background investigator:

                      Question: How does a sealed or expunged record affect the processing of a police officer or deputy sheriff applicant?

                      Answer: Unless there was a finding of "factual innocence, the sealing or expunging of a record means nothing when an applicant is applying for a peace officer position. (Reference: Adams V. Co. of Sacramento, 235 Cal.App. 3d 872 (1991)

                      www.****************************
                      Last edited by wayno1806; 07-08-2005, 04:23 AM.
                      Good Luck and Test Well!
                      Author of: How to become a peace officer by Wayne LeQuang (google it)

                      L.B.P.D. Academy #75
                      6 month of pain, for a 30 year career.

                      visit: youtube.com "Black Monday" Great Video from LASD.

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                      • #12
                        Originally posted by IloveAmerica
                        So let me get this straight Bodie, if I reside in Boston and a guy in california steals my identity and commits armed robbery, as far as LE is concerned, I'm still guilty even if it is proven I was the victim of identity theft, and did NOT commit the crime?
                        No, he's not saying you're guilty, what it means is you'll still need to explain it if you apply for a police job. I had some former tenants accuse me of breaking into their house and stealing their vaccuum. I can easily prove I didn't do it because I was at work when they said it happened and they claimed it happened days after they moved out. No possibility of a crime.

                        I'm not guilty, and it doesn't count against me, but I've had to explain it in every oral board I've had. An expungement is going to have to be explained even if the what is expunged isn't even a crime you committed.

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                        • #13
                          Originally posted by jakflak
                          No, he's not saying you're guilty, what it means is you'll still need to explain it if you apply for a police job. I had some former tenants accuse me of breaking into their house and stealing their vaccuum. I can easily prove I didn't do it because I was at work when they said it happened and they claimed it happened days after they moved out. No possibility of a crime.

                          I'm not guilty, and it doesn't count against me, but I've had to explain it in every oral board I've had. An expungement is going to have to be explained even if the what is expunged isn't even a crime you committed.
                          According to the last sentence in Bodie's post, an expungement IS counted against you. Of course I realize it will need to be explained, but why should it be used against you.

                          As per the definition I was given your situation does not meet the criteria of expungement. Now had someone else used your name and SSN to commit a crime without your knowlege or consent, you're eligible to have the crime expunged from your record.

                          While I realize and understand the need to explain the situation to a BI investigator, I fail to see how something like this can LEGALLY be used against you.

                          Comment


                          • #14
                            Originally posted by IloveAmerica
                            While I realize and understand the need to explain the situation to a BI investigator, I fail to see how something like this can LEGALLY be used against you.
                            It's not used LEGALLY against you. If it's used LEGALLY against you that means either you're getting charged with a crime or sued. However, that doesn't stop it from looking bad in the hiring process.

                            If you show up to a police oral board in blue jeans, it doesn't count against you LEGALLY, but it does count against you. There's no way you're getting the job in blue jeans despite the fact you didn't break a law.

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                            • #15
                              well, unfortunately it might be hard for you to get hired with an assault charge on your record, my friend..even though it was expunged (depending on the circumstances of course). I was arrested as a juvenile for shoplifting years ago, but I won't have any problems getting hired on a force. I have been working as campus police for two years while pursuing my associates in Criminal Justice. The background Investigator will be able find just about anything about you, record wise and personally.

                              Good luck to you though!

                              Comment

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