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  • record expungement

    I have a question about having my record expunged. I was arrested for simple assault a year ago and it was dismissed. I want to apply for a police officer position and would like it absolutely cleared off my record so i don't have to write it down or even have to speak of it. Is it possible to do this? Will it show up in a background investigation even if it is "expunged"? (BTW the arrest was in RI).
    Last edited by noobs; 08-29-2006, 03:04 PM.
    In certain situations the sword works better than the pen.

  • #2
    Originally posted by noobs
    I have a question about having my record expunged. I was arrested for simple assault a year ago and it was dismissed. I want to apply for a police officer position and would like it absolutely cleared off my record so i don't have to write it down or even have to speak of it. Is it possible to do this? Will it show up in a background investigation? (BTW the arrest was in RI).
    There will always be some record of your arrest and/or conviction. If you "forget" to list the incident or lie about it, you are screwed. A good background investigator will find it.

    My PD recently fired a guy (the day after he was hired) for the same sort of thing.

    Comment


    • #3
      Never gets removed from the FBI records and here in NY agencies have access to your arrest records. we don't expunge records like some other states.

      Comment


      • #4
        doesn't matter ,you still have to list it on your application-alot of agencies will not automatically DQ you,especially if you were not formally convicted.BUT there's an issue of "maturity"-bottom line ""adults" don't get into fights, and too many people will yell"i'm defending myself", when they can easily WALK away from trouble,or call for the police or a locations security.

        anybody,at any time can get into "trouble", but so you know,be honest and forthright with what happened and let the "chips" fall where they may.If an agency tells you,"no" wait a few yrs -maybe 2 or 3 ,then apply again or elsewhere.......P.S. stay OUT of the Bars and clubs in Rhode Island!!
        Last edited by DOAcop38; 08-29-2006, 03:21 PM.
        "we're americans ! We don't quit because we're wrong, we just keep doing it wrong UNTIL it turns out Right"...

        Comment


        • #5
          Originally posted by noobs
          I have a question about having my record expunged. I was arrested for simple assault a year ago and it was dismissed. I want to apply for a police officer position and would like it absolutely cleared off my record so i don't have to write it down or even have to speak of it. Is it possible to do this? Will it show up in a background investigation even if it is "expunged"? (BTW the arrest was in RI).
          Don't even bother wasting your time or the Departments time with applying. You just proved that you don't have any integrity if you "dont want to write it down". You either need to admit to your mistakes or stick to your security job.

          Even with your assualt being dismissed, you will have a difficult time getting hired since it was only 1 year ago!
          "An excuse is worse and more terrible than a lie, for an excuse is a lie guarded."

          Comment


          • #6
            Originally posted by Dinosaur32
            Never gets removed from the FBI records and here in NY agencies have access to your arrest records. we don't expunge records like some other states.
            Here in Ca. misd charges can be "bumped" off,upon request to the courts- you basically have to complete the probation then request it.Also- misd records aren't held longer than 5 yrs ,especially if that person hasn't con't to have criminal charges and convictions...
            "we're americans ! We don't quit because we're wrong, we just keep doing it wrong UNTIL it turns out Right"...

            Comment


            • #7
              Originally posted by DOAcop38
              Here in Ca. misd charges can be "bumped" off,upon request to the courts- you basically have to complete the probation then request it.Also- misd records aren't held longer than 5 yrs ,especially if that person hasn't con't to have criminal charges and convictions...
              What about in-house records such as CAD or run logs.

              Comment


              • #8
                I let the chips fall where they may and was just recently dismissed from the application process at my hometown department. I passed everything up until the psychological exam-they found me "unsuitable" to be a police officer and i'm pretty sure it was because of this arrest. Its just really difficult to give up on a career i so badly want and have worked so hard for just because of this one damn mistake that makes it all damn near impossible. I only have a couple classes to finish my degree in crim just. too... I'd really rather take my chances on expungement and not bringing up the incident, than going through the whole process all over again just to fail because of a stupid dismissed misdmeanor in my past.
                In certain situations the sword works better than the pen.

                Comment


                • #9
                  BTW, found this on a lRI egal site.

                  1. What is an expungement?

                  "Expungement of records and records of conviction" means the sealing and retention of all records of a conviction and/or probation and the removal from active files of all records and information relating to conviction and/or probation. G.S. § 12-1.3-1.

                  2. Do the records just disappear?

                  No. Any fingerprint, photograph, physical measurements, or other record of identification, taken by or under the direction of the attorney general, the superintendent of state police, the member or members of the police department of any city or town or any other officer authorized by this chapter to take them, of a person under arrest, prior to the final conviction of the person for the offense then charged, shall be destroyed by all offices or departments having the custody or possession within sixty (60) days after there has been an acquittal, dismissal, no true bill, no information, or the person has been otherwise exonerated. The clerk of courts where the exoneration took place will seal all records of the person in the case including all records of the division of criminal identification established by § 12-1-4; provided, that the person shall not have been previously convicted of any felony offense G.S. § 12-1-12.
                  Persons not exonerated of charges who are granted an order to expunge will have those records subject to the order sealed.


                  What do you guys think I shoud do in this situation?
                  In certain situations the sword works better than the pen.

                  Comment


                  • #10
                    Originally posted by noobs
                    I let the chips fall where they may and was just recently dismissed from the application process at my hometown department. I passed everything up until the psychological exam-they found me "unsuitable" to be a police officer and i'm pretty sure it was because of this arrest. Its just really difficult to give up on a career i so badly want and have worked so hard for just because of this one damn mistake that makes it all damn near impossible. I only have a couple classes to finish my degree in crim just. too... I'd really rather take my chances on expungement and not bringing up the incident, than going through the whole process all over again just to fail because of a stupid dismissed misdmeanor in my past.
                    Again, you have just proven that you have no INTEGRITY. You would rather not tell a dept about your arrest and risk the chances...? Go right ahead and you will see yourself get DQ'ed and DQ'ed and so on.

                    Even if it's "expunged" you still need to tell your BI about the incident or they will find out on their own anyway.

                    Just do us all a favor and not apply to any LE Dept!

                    What do you mean "what should you do" I for one think you should not even apply. Go work in a jail or something please!
                    "An excuse is worse and more terrible than a lie, for an excuse is a lie guarded."

                    Comment


                    • #11
                      Originally posted by noobs
                      I let the chips fall where they may and was just recently dismissed from the application process at my hometown department. I passed everything up until the psychological exam-they found me "unsuitable" to be a police officer and i'm pretty sure it was because of this arrest. Its just really difficult to give up on a career i so badly want and have worked so hard for just because of this one damn mistake that makes it all damn near impossible. I only have a couple classes to finish my degree in crim just. too... I'd really rather take my chances on expungement and not bringing up the incident, than going through the whole process all over again just to fail because of a stupid dismissed misdmeanor in my past.
                      And you wonder why the other PD dropped you like a bad habit? You need to get your head on straight before you can even think about being a police officer. I don't do well with liars and a lie of ommisson is still a lie...

                      Comment


                      • #12
                        Originally posted by Tennsix
                        What about in-house records such as CAD or run logs.
                        They are not accesible to other agencies unless there are NCIC,NLETS, then CLETS (the Calif system) or the L.A. county CCHRS -Consolidated criminal history record system -identifiers("CII","LA" Main" numbers that correspond to arrests,crime rpts,persons of interest) that an agency would look at to trace an applicants history.Unless you are applying for an agency you've had run ins with , the agency would know you from joe shmoe on the street.In some Ca counties,like San Diego- their county has a commuication system that even tracks "ped stops" and rpt #s or contacts with certain people, so that if you stop "joe blow" by say, Oceanside PD,your in car mds system can pull up info that he was also stopped recently in National City Pd,approx 30 miles south.they also have joint access to each others in house records ,from what I understand
                        "we're americans ! We don't quit because we're wrong, we just keep doing it wrong UNTIL it turns out Right"...

                        Comment


                        • #13
                          Originally posted by DOAcop38
                          They are not accesible to other agencies unless there are NCIC,NLETS, then CLETS (the Calif system) or the L.A. county CCHRS -Consolidated criminal history record system -identifiers("CII","LA" Main" numbers that correspond to arrests,crime rpts,persons of interest) that an agency would look at to trace an applicants history.Unless you are applying for an agency you've had run ins with , the agency would know you from joe shmoe on the street.In some Ca counties,like San Diego- their county has a commuication system that even tracks "ped stops" and rpt #s or contacts with certain people, so that if you stop "joe blow" by say, Oceanside PD,your in car mds system can pull up info that he was also stopped recently in National City Pd,approx 30 miles south.they also have joint access to each others in house records ,from what I understand
                          Say I am running a BG on an applicant from your area. Could I ask your PD to search radio and CAD logs for his name and address to see if there were any contacts?

                          Comment


                          • #14
                            Originally posted by Tennsix
                            And you wonder why the other PD dropped you like a bad habit? You need to get your head on straight before you can even think about being a police officer. I don't do well with liars and a lie of ommisson is still a lie...
                            Ditto- wait a few more yrs, then apply or ask around about positions in other states and see what they say,if you want it that badly.Lie about it and it comes up in a "Brady" or ,here in california, a "pitchess" motion, and you could end up being labelled by local,state and fed courts as an unreliable witness ,as well as Dept liability- and then your chance for a career as a cop are really over.you say you are a security guard? If the state will allow you to work as a certified security guard( you have to have a license in Mass, rt?) try other alternatives until you can reach your goal-i.e. community service offcer,pkg enforcement,school security (non peace officer/police),park ranger,if they are available-something that can show you've worked to prepare and overcome any past problem you have had- you need time to distance yourself from the incident..........
                            "we're americans ! We don't quit because we're wrong, we just keep doing it wrong UNTIL it turns out Right"...

                            Comment


                            • #15
                              Originally posted by Tennsix
                              Say I am running a BG on an applicant from your area. Could I ask your PD to search radio and CAD logs for his name and address to see if there were any contacts?
                              Actually ,"yes",but it wouldn't show you all the infor you'd need- short synopsis, disposition ,and in incident # which would help you find a potential arrest or crime rpt
                              "we're americans ! We don't quit because we're wrong, we just keep doing it wrong UNTIL it turns out Right"...

                              Comment

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