Pledging with criminal record
 

Hello All,

I come to you because I need some advice.

I am currently attempting to become a member of a graduate chapter of Alpha Phi Alpha. I am almost certain that they will do a background check during the application process.

About 2 and a half years ago (April 2009) I got into a fight and was charged with 2nd degree assault, a misdemeanor in my state. The case was dismissed and I have since learned my lesson. I was 20 and in college at the time and realize that it was a stupid thing to do, but it was also a learning experience.

My record is not expunged so I am worried that they will see this and will hold it against me. Aside from this, I believe I have wonderful credentials and would make a great member, but I'm just worried whoever reviews applications wont look past this.

Can anyone shed some insight.

Thanks.

If a case is dismissed, it still shows up on your record?

Yes, the record of my arrest and going to trial will still show up. However, it will also say the case was dismissed.

In order for nothing to show up my record has to be expunged. I recently began the process of getting my record expunged (after learning that a friend of mine who is pledging into a black sorority had to do a background check) but I'm certain that everything wont be cleared until AFTER they request a background check.

I'm way out of my lane here, so I won't even begin to comment on how an organization might view this.

I will just point out that there is nothing you can do about it, so sweating it isn't going to help you in any way.

In Oklahoma, which is all I can really speak for, all of our records are online for the major counties. Everything in one central database so everyone knows everyone's business.

What he's describing is what we'd call here a suspended or deferred sentence. In other words, they set out an amount of time, then the case is dismissed, but it still comes up under your name until you have it expunged. Since it's a violent offense, different rules may apply.

No idea how that affects your recruitment prospects or if that's even how it works in your state, best of luck.

I can say that as chapter adviser, I do run our new members' names through the system as I once did that AFTER pledging someone with a felony arson conviction. I doubt many groups do it though as a matter of practice.

I haven't had to deal with this *knocks on wood* but I was always under the impression that dismissals didn't show up on your record. Interesting. Thanks.

Probably depends on the way your state handles its public records. If you're in Texas, you're in luck. They're a hot mess which varies greatly from county to county. In Oklahoma, on the other hand, all of our major counties are on a free public records database, everything from case information to images of all of the pleadings filed in a given case to Dept. of Corrections profiles for every inmate available to anyone anytime without a login/password or paying any kind of fee.

For our smaller counties, we have a public records system which you have to pay about $500/year for full access and have docket review access for free. We're moving over to a system for all 77 counties though, which will maybe even be more accessible.

As with most aspirant questions, contact Alpha Phi Alpha NHQ.

Thanks, I guess I'll try this.

I'll lane swerve too. I wouldn't. Don't bring it up. It was a mistake of your youth and it may or may not be a hindrance to your membership, but you don't have to tell them your life story. If they ask you for clarification, be completely honest - DON'T LIE - but this is not something that needs to be addressed preemptively.

Lane swerving here, but on crimes in general: if it was dismissed, then it doesn't count. Yes, your arrest is on your records, but it shouldn't show up in criminal background checks. It's really up to you whether or not you disclose it, hence the whole point of dismissal.

On a similar vein: suppose you were arrested for a crime you did not commit. You go to court, and the prosecutor couldn't prove the case (since you didn't commit the crime). The case gets dismissed. Yeah, the arrest record is still there, because you were arrested, but it shouldn't be held against you (nor are you a criminal) since it was just an arrest.

Yeah, people can still judge you based on arrests, but unless you're actually found/pled guilty, there's no need to bring it up.

It all depends on how much the rush chair cares. If the group is a top house, then perhaps they'll look more into it and deny you a bid. But moderate houses shouldn't hold it against you. Neither should anyone else, but life is life.

You are taking about apples, he is talking about oranges. Actually, it's more like apples and chocolate cake...it's just that different.

And that's why NPHC aspirant questions do not belong on Greekchat (or at least not outside of the respective NPHC organizations' forums). The OP and the Alphas will figure this out from start to finish.

Your ignorance of how NPHC fraternities differ from your fraternity is showing.

In Ga dismissed can be sealed on state database if prosecutor agrees. State charges $25. Arresting agency can also charge. Courts decide if they want to seal or not. Statute does not direct them to.

Then fill me in. Teach me the difference.

Umm.....no. If you're really interested, much can be learned by reading the NPHC threads and forums. And If you're not, why should we bother? You're in the big boy league, now. Life will no longer be spoon fed to you.

BIG lane swere...and one filled with inaccurrate information.

When it's on your record, it shows up in a criminal background check. In this state if you got stopped for speeding...it shows up on your criminal record check. DO NOT underestimate the amount of information that is available to the general public.

#2...DO NOT underestimate how the accessing general public will respond. If you think it's going to be nicely, clearly you are making assumptions and not speaking from experience.

When it's on your criminal record, people care. Generally they stop reading when the see the words "X has a criminal record." Dismissed or not...most people don't delve that deeply. You were arrested for a crime. That damages their opinion of you.

If it is on the record...and they pull the record ("they" being a job, organization, landlord, etc)...THEY WILL BRING IT UP. Like it's going to be a non-issue at that point. Be prepared with an answer and an explanation that includes how you've changed since that period of your life.

Not being harsh, but this is the reality. It's not fair to color things in a way that paint a completely different picture. If you have a criminal record, it IS a big deal to most people, many of whom will not be shy in pointing this out to the applicant's face, again if said applicant reaches the interview stage. I'm speaking in terms of jobs, but since basically everything requires a background check nowadays, I'm sure it transfers to other situations as well. People WILL have access to it and they WILL form opinions on you based off of this information. Does it mean don't try at all? Absolutely not. Just be prepared for some doors to be slammed. Not everyone cares that you were a kid who made a mistake.

BEST advice I can give is (and it sounds like you already know this, but it bears repeating) keep on doing the right thing and get that b*tch expunged at the earliest opportunity. Once it's expunged you are in a whole different ballgame of "disclosure" but until you file for expungement, it is processed by the court system and formally removed, expect to answer for it in one way or another.

Speaking of making assumptions...

You have no idea what the job, organization, landlord, etc. will or will not do. In some of these situations, it is not even legal to consider an arrest without a conviction.

In the case of a GLO, as the OP originally asked, you don't know any better than I do how they will view an arrest. Maybe they are liberal hippies who think that police officers sometimes abuse their power, and that a black man is especially likely to be the target of such abuse.

Expungement means different things under different conditions.

In Georgia, the local arresting agency will "expunge"/destroy fingerprint cards and photographs, the state will "seal" the information for non-criminal justice purposes and the courts can do either or nothing.

I tell folks EVERY DAY that it may be possible for employers, "third-party companies, and regular folks to get the information from the courts. etc.

Also, once websites like Mugshots.com get the info, you have to deal with them on a case-by-case basis.

Well, I'm feeling a little charitable today.

On this one, jazing, Dr.Phil already did fill you in:

Quote:

Originally Posted by DrPhil (Post 2103678) As with most aspirant questions, contact Alpha Phi Alpha NHQ.

Or you can read this in the other thread the OP started:

Quote:

Originally Posted by Senusret I (Post 2103759) I am an Alpha. The background check is certain. If you follow the steps to apply as noted on the national website, then you will have an answer as to whether it will count against you. Even I personally as a member can't tell you the answer to that, but if you do what you're supposed to do, the answer will be revealed.

Beyond that, you said:

For future reference,

• A house is not the same thing as a chapter, especially in GLOs that typically do not have houses.
• Not all GLOs have "rush" as you have experienced it. Some do not have it at all, so they do not have "rush chairs," and the way they go about taking in new members is vastly different from what you experienced.
• Not all GLOs have "bids" as you know them.
• As a member of the fraternity that the OP is interested in pointed out, this is a matter of national requirements, not "top houses" or "moderate houses."

Meanwhile, this.

I've worked extensively with people in re-entry and I've never heard of it NOT coming up as a topic in conversation. In EVERY situation it has come up. Sometimes, fortunately, the person doing the interview is understanding, but that's not often the case (unless you are dealing specifically with agencies who work with offenders, but that's a different story. The general public, in my experience, has not been very kind to ex-offenders, even those with very minor offenses.) It's difficult for people to talk about, espeically in a high-pressure situation where they really want to impress someone, so I reccomend working on it in workshop-type settings before the actual interview. Be prepared for the hard questions- and they are hard, because no one is ever proud to admit to this sort of thing. Have a friend or family member ask those sorts of questions so you know how to respond when on the spot.

Having a record makes it REALLY hard in this world. People have access to the information, and they are going to want an explanation. One often finds themselves having to "sell" themselves that much harder in an interview type situation. It's best to be prepared.

Basically, the general idea of "if you did it, it's out there, and anyone can access that information" I agree with.

In Pennsylvania, for Misdemeanors and Felonies, you can send in an application for clemency/pardon. IF approved- and the process can take up to 3 years- the county court in which the incident will be contacted by the defendant to begin formal expungement. When it is expunged, per the judgement in a Supreme Court case, an applicant can legally answer No to "Have you ever been convicted of a crime?"

Summaries are expunged at the county level and most are approved for expungement within 6-9 months of petitioning the court in that county. When they are gone, they are gone off the record, but in this digital age with screenshots and all that, nothing is EVER really gone.

Which is why it's more important than ever to just NOT get in the situation!

If anyone cares to know, I just crossed alpha on march17!!! I guess it didn't matter to much

Congratulations! What chapter?

Congrats! Glad it all worked out for you

Congrats!!! I was wondering a similar question for one of my male friends. Glad to see your positive attributes prevailed.