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  • the Chools
    replied
    From a Texas Lawyer's Website

    http://www.mmalaw.com/expunction.htm

    Leave a comment:


  • eclipse
    replied
    There are different replies because the effect of an expungement, and the circumstances under which an expunged conviction can and/or must be accessed, disclosed, or used, vary from state to state. In Ohio, these issues are addressed in detail in the expungement statute.

    Leave a comment:


  • Tim Dees
    replied
    Originally posted by the Chools
    My lawyer (Texas) says a properly expunged record is - GONE. It costs about $1,000 and takes about six months. Your lawyer (and possibly you) will have to appear before many entities and judges over a long period of time. Without an expungement, everyone can see it - city, county, state, federal, FBI - heck, prolly even NASA knows what you did.
    Background investigations are not so much concerned with the official record as with what you actually did. For instance, if you were arrested for theft, but had the case dismissed because of a procedural error (officer didn't Mirandize you, speedy trial clock ran over, etc.), you could probably have the entire case sealed or expunged. The procedure and what happens to the records varies in diffierent states, which is one of the reasons that you're getting conflicting information.

    Even if the official records of the arrest are destroyed, you can't erase people's memories. The victim, the witnesses, the arresting officer, the booking officer, and everyone else connected with the case will have some recall of it. When you're asked in a background investigation if you've ever been arrested, there's no qualifiers on it. They don't mean "Have you been arrested for anything, except that you don't have to tell us about anything where the record was expunged." By this time, you've already signed a release that allows the background investigator to conduct a warrantless search of your colon, should he desire to do so. You, of course, don't have to sign the release or permit the exploration of your past. On the other hand, the police department doesn't have to offer you a job. If you don't come clean on the whole magilla, and your omissions are later discovered, you're probably down the road. Sooner or later, you'll be booking someone into jail and a CO will say, "Hey, weren't you an inmate here a couple of years back?" There's a hundred ways to get caught on this kind of thing. If you do, you aren't just done at that agency, you're done in law enforcement.

    Every one of us has done stuff that we would prefer people didn't know about. The background investigator, and the guy he reports to, are no different. Tell your story, be truthful, and don't waffle on the details or claim that something is off limits because you had the money to hire a lawyer and get it concealed. What you did is what you did, and it adds into whatever it is that you are.

    Leave a comment:


  • the Chools
    replied
    My lawyer (Texas) says a properly expunged record is - GONE. It costs about $1,000 and takes about six months. Your lawyer (and possibly you) will have to appear before many entities and judges over a long period of time. Without an expungement, everyone can see it - city, county, state, federal, FBI - heck, prolly even NASA knows what you did.

    It's interesting that there are so many different answers here. Wonder which is actually true.

    Leave a comment:


  • usnswcc
    replied
    I spoke to a lawyer in NY and here is what he said about expunged records. Again do not quote this lawyer, you should get more then one opinion.

    An expunged record will not show up on background checks. You do however have a legal obligation to tell the police department you are applying to that you have an expunged record.
    I think you should tell them about it. You never know and if they do find out you can get fired. Better to try and get in with the truth then get in and get fired with a lie.

    Leave a comment:


  • usnswcc
    replied
    With out speaking with an experienced lawyer on this matter you will never get a straight answer.

    Yes by law you have to tell your agency of your expunged records. If an expunged record is expunged correctly can a law enforcement agency still have access to it? I believe only a judge has the authority to open an expunged record.

    No LEO can just open up an expunged record there is a process to go through just like a search warrant. Now before you quote me I suggest you speak to an attorney and ask him who all can see expunged records to get the correct answer.

    You won't get your answer here. No one will tell you to lie or you can get away with it, this is a police forum it will never happen. Again by law you have to tell a criminal justice agency about your expunged records.

    Whether they can see it or not should be spoken to about with an attorney.

    Leave a comment:


  • jakflak
    replied
    Originally posted by Evil Cartman
    .

    Should this be held against this possible LEO candidate?
    Whether or not it should is up to the agency involved, but he still has to report it when applying.

    Leave a comment:


  • Evil Cartman
    replied
    Removed Outdated
    Last edited by Evil Cartman; 09-15-2006, 11:42 PM.

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  • jakflak
    replied
    [QUOTE=Evil Cartman]THE EXPUNGMENT REMOVED ALL PERSONAL DATA, EVERYTHING FROM THE FILE, TO INCLUDING THE ARRESTING OFFICER HAVING TO STATE,

    Leave a comment:


  • Evil Cartman
    replied
    Expungments

    Removed Outdated
    Last edited by Evil Cartman; 09-15-2006, 11:42 PM.

    Leave a comment:


  • jakflak
    replied
    Originally posted by JordanWhney
    I appreciate your words of encouragment! Are you happy with the smaller department? Are you looking to advance to a larger one?
    Naw; I like small town life. I would like to move to a larger small town than the one I'm in now, but I'd like to stay in a small town. You know the people; there are less unknowns in a call.

    Leave a comment:


  • JordanWhney
    replied
    Originally posted by jakflak
    The smaller departments are the best to go to first; I don't think you'll have a problem. The larger departments tend to automatically disqualify you based on things like this, solely because they have thousands of applicants who don't have black marks.

    The problem I had was my credit report; it was bad and no large departments wanted me. So I got hired on with a smaller department who didn't care if I was good with money.
    I appreciate your words of encouragment! Are you happy with the smaller department? Are you looking to advance to a larger one?

    Leave a comment:


  • jakflak
    replied
    Originally posted by JordanWhney
    Thanks for the response. I am still highly confident that I will become a police officer.
    The smaller departments are the best to go to first; I don't think you'll have a problem. The larger departments tend to automatically disqualify you based on things like this, solely because they have thousands of applicants who don't have black marks.

    The problem I had was my credit report; it was bad and no large departments wanted me. So I got hired on with a smaller department who didn't care if I was good with money.

    Leave a comment:


  • JordanWhney
    replied
    One more interesting fact. Earlier this year I went to the security company where this incident occured. They were willing to hire me back on the spot.

    Leave a comment:


  • JordanWhney
    replied
    Originally posted by Bodie
    Yes it will an expunged record means nothing to us it's still like an open record. You may be wasting your time taking CJ and should rather get an education in another field. We see convicted felons take CJ and get degrees and the such.
    If your background isn't okay and you would not qualify to become a cop without a CJ degree don't waste time and money getting a CJ degree.

    You can apply but with the high number of applicants there will be too many thre without an expunged record and a degree that will beat you out for the jobs.

    Thanks for the response. I am still highly confident that I will become a police officer.

    Leave a comment:

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