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Confusion with background packet... Please Help?

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  • Confusion with background packet... Please Help?

    I am a little confused when it comes to listing convictions. I have received an MIP (minor in possession of alcohol) but took a diversion course. My question is, do I need to list it, I am not sure if taking the diversion course caused it to be expunged or sealed. The only thing I know is that the judge told me it would take it "off my record" if I took the diversion course. If anyone can help me out a little bit I could finish this last section. Here are the instructions from my background packet referring to this.

    "Completing item 35: You must list the arrests and/or convictions if you have received a release (per Section 144.050 of the Oregon Criminal Code) or pardon (per Section 144.640 of the Oregon Criminal Code). However, you need not list an arrest and/or conviction when the record of such an incident has been sealed in accordance with Criminal Code Section 137.225, or if your record has been expunged."
    Last edited by mpitcher; 06-05-2007, 02:08 AM.
    APD

    POST- Passed
    ORPAT- Passed
    Oral Board- Passed
    Command Staff Interview- Passed
    Background- Working on it
    Psych- ??
    Physical- ??

  • #2
    The golden rule of background investigations is: when in doubt, write it down. It's better to list something and later find out you didn't have to than to fail to list something you should have put down. If you should have put it down and didn't, you'l likely be automatically disqualified for lying.

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    • #3
      Backgound Packet

      Notwithstanding, the instructions concerning "expungement" on your packet, list it. As noted above, the best rule is, list it. Keep in mind too, that in a law enforcement Background Investigation, there really is no such thing as an expungement, or a sealed record. They can be, they are routinely, accessed. If a Minor in Possession Charge is the only thing in your record, it's probably not going to be an issue. What could become an issue is not listing it.

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      • #4
        I did list it. I was asked during the oral board and command staff interview about anything in my past that could possibly DQ me, and I told them about the minor in possession. So, whether it needed to be listed or not, it won't come as a surprise to them. Thank you for the rule of thumb.
        APD

        POST- Passed
        ORPAT- Passed
        Oral Board- Passed
        Command Staff Interview- Passed
        Background- Working on it
        Psych- ??
        Physical- ??

        Comment

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