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> OT: Criminal Record Expunging, Yeah, seems I can't get a good job with one...
Brando
post Aug 21 2007, 08:54 PM
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So, way back in the day (which happened to be a wednesday, did you know that?) I got me a misdemeanor conviction of something petty and stupid. Minimum penalty (slap on the wrist), minimum fines, etc. Served my time and my dime long ago, but I'm still paying for it today.

How so?

Any decent job I'm attempting to take does a background check (yeah, that's an hourly job not a salary job). After the State criminal record check I get lots of nicely-worded letters telling me they'd like to hire me but can't.

Now, I need to know if there is a possibility that I can get this thing expunged. It happened right after I turned 18 in highschool (5 years ago). Is there an affordable and non time-consuming way to get this wiped clean and clear? I most certaintly can't afford a lawyer; unless there's willing to work for beer. Is this even possible? Am I on crack for thinking anyone could do this for super-cheap or free?

Unfortunately with this still hanging over my head, I'm (IMG:style_emoticons/default/owned.gif) in the job market. I need to move forward in life, and this petty issue is holding me back.

I thank you for any input you can offer. (IMG:style_emoticons/default/smile.gif)
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aircooledboy
post Aug 21 2007, 09:23 PM
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QUOTE(Brando @ Aug 21 2007, 09:54 PM) *

So, way back in the day (which happened to be a wednesday, did you know that?) I got me a misdemeanor conviction of something petty and stupid. Minimum penalty (slap on the wrist), minimum fines, etc. Served my time and my dime long ago, but I'm still paying for it today.

How so?

Any decent job I'm attempting to take does a background check (yeah, that's an hourly job not a salary job). After the State criminal record check I get lots of nicely-worded letters telling me they'd like to hire me but can't.

Now, I need to know if there is a possibility that I can get this thing expunged. It happened right after I turned 18 in highschool (5 years ago). Is there an affordable and non time-consuming way to get this wiped clean and clear? I most certaintly can't afford a lawyer; unless there's willing to work for beer. Is this even possible? Am I on crack for thinking anyone could do this for super-cheap or free?

Unfortunately with this still hanging over my head, I'm (IMG:style_emoticons/default/owned.gif) in the job market. I need to move forward in life, and this petty issue is holding me back.

I thank you for any input you can offer. (IMG:style_emoticons/default/smile.gif)



It varies from state to state, but I would say based on your situation as described, you may well be able to do this, and on the cheap. Here in Illinois the answer would be yes to both parts. I don't know the answer in Cal, but if nobody else already knows, I can find out the answer and maybe even walk you through it if possible.

PM if you are more comfortable with that from here.

(IMG:style_emoticons/default/beerchug.gif)
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Krieger
post Aug 21 2007, 10:28 PM
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I would think you can do this on your own after a certain period of time if you have had no other problems. Call your county or check it out somewhere on their website on the information super highway.
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LowGT
post Aug 21 2007, 11:01 PM
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http://www.1800duilaws.com/article/expungement101.asp


Good info, not just about DUIs. The most important thing to remember is GET A LAWYER. For small tasks like this it will not be as expensive as you think, you should at the very least contact a lawyer. Many of them have free consultations. Legal paperwork can get messy, and you still have to pay filing costs without a lawyer.

I always tell people this when they have legal situations; When a lawyer gets in trouble, the first thing they do is get a lawyer. You never see them represent themselves. They hire someone who specializes in their problem.

If this is holding you back or is something that will affect the rest of your life or career, you can't afford to not hire a professional to sort it out for you properly.
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Elliot Cannon
post Aug 21 2007, 11:08 PM
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Are you even old enough to invoke the phrase "back in the day"? Call a lawyer. Try the ACLU. Call the public defenders office. Find lawyers in the Yellow Pages and start calling. Call them until you find one who can help you. Good luck.
Cheers, Elliot
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Brando
post Aug 22 2007, 02:48 PM
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Thanks guys (IMG:style_emoticons/default/smile.gif) I'm going to look into some info that's publicly available and see about doing this myself. If I'm lucky I might have a clean record come the end of the year!
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PRS914-6
post Aug 22 2007, 03:37 PM
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Bummer....Unfortunately, this may haunt you forever. Almost all Govt applications have a line that asks if you were ever convicted of a felony or misdemeanor. If you answer "No" you might get away with it for awhile but if they ever check your record you usually get fired immediately for lying on your application

When I was a Manager in local Govt, I was forced to fire several good employees for this but it was firm policy or everyone would just lie on an appliation.

I wish you luck.....
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KevinP
post Aug 22 2007, 09:11 PM
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You can file a "Motion of Expungment" with the courts, (FL) in many cases with this being a misdomener offense and had you gone thru a pre- trial diversion program this would have worked.

In most job applications when they ask about arrest records. The question is usually stated, have you ever been convicted of a felony offense? In the case of pleas of "no contest" this is not consisdered a conviction in some instances.

I would seek legal consel if I were you, in your young age-we all make mistakes and you should not have to pay for the rest of your working life-- just my 02.

Best of luck.... (IMG:style_emoticons/default/smile.gif)

KevinP
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Twystd1
post Aug 22 2007, 09:24 PM
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Kevin nailed it. That is exactly how Cali law works.

CCC
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jimtab
post Aug 22 2007, 10:53 PM
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If nothing else a judge can decide to seal the conviction under the youth offenders act, depending on your age when the violation was committed. That's how it worked for me.
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tdgray
post Aug 23 2007, 02:49 PM
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I checked into this some time ago. I was trying to get a DUI expunged... I was young and stupid just like you. Anyway, here in Ohio you have to have an attorney file the paperwork and represent you in a court hearing.

Did not work for me as the law in Ohio states that you cannot have a DUI expunged.
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