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11-01-2011, 01:43 PM
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GreekChat Member
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Join Date: Jun 2010
Location: Northeastern US
Posts: 896
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Quote:
Originally Posted by excelblue
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.
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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.
__________________
* Winter * "Apart" of isn't the right term...it is " a_part_of"...
Last edited by *winter*; 11-01-2011 at 01:51 PM.
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11-01-2011, 03:12 PM
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GreekChat Member
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Join Date: Jul 2001
Location: ILL-INI
Posts: 7,220
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Quote:
Originally Posted by *winter*
If you think it's going to be nicely, clearly you are making assumptions and not speaking from experience.
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Speaking of making assumptions...
Quote:
Originally Posted by *winter*
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.
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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.
Last edited by DeltaBetaBaby; 11-01-2011 at 03:18 PM.
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11-01-2011, 03:20 PM
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Banned
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Join Date: Nov 2008
Posts: 14,733
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11-01-2011, 04:50 PM
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GreekChat Member
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Join Date: Jun 2010
Location: Northeastern US
Posts: 896
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Quote:
Originally Posted by DeltaBetaBaby
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.
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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.
__________________
* Winter * "Apart" of isn't the right term...it is " a_part_of"...
Last edited by *winter*; 11-01-2011 at 05:03 PM.
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11-01-2011, 03:34 PM
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GreekChat Member
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Join Date: Jul 2001
Location: Georgia
Posts: 6,543
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Quote:
Originally Posted by *winter*
BIG lane swere...and one filled with inaccurrate information.
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.
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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.
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Live With Purpose!.
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11-01-2011, 04:56 PM
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GreekChat Member
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Join Date: Jun 2010
Location: Northeastern US
Posts: 896
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Quote:
Originally Posted by AGDLynn
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.
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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!
__________________
* Winter * "Apart" of isn't the right term...it is " a_part_of"...
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