Appointment Denied Due to Background- is There a Way to Appeal?

[mike-]

Re: Appointment Denied Due to Background- is There a Way to Appea

This is from a Florida attorney and not an insurance agent taking an educated guess.

Expunge means its gone forever. Never existed. File gets erased from the clerks office. The sheriff who arrested said person is ordered to delete their files. Its shredded and taken out of computers. But only certain felonies are eligible for expungement. There is a statutue which says which ones can't be expunged.

Sealing on the other hand the files exist with the clerk but you must get a court order to open them. So the records exist

If the person gets asked about a conviction and their case was expunged. 1. They were never convicted (bc you can't expunge something if you were adjudicated guilty) 2. The records don't exist anywhere.
But if the problem is when they were asked if ever arrested. Bc tech they have to say yes

 

[Mark]

Re: Appointment Denied Due to Background- is There a Way to Appea

This is from a Florida attorney and not an insurance agent taking an educated guess.

Expunge means its gone forever. Never existed. File gets erased from the clerks office. The sheriff who arrested said person is ordered to delete their files. Its shredded and taken out of computers. But only certain felonies are eligible for expungement. There is a statutue which says which ones can't be expunged.

Sealing on the other hand the files exist with the clerk but you must get a court order to open them. So the records exist

If the person gets asked about a conviction and their case was expunged. 1. They were never convicted (bc you can't expunge something if you were adjudicated guilty) 2. The records don't exist anywhere.
But if the problem is when they were asked if ever arrested. Bc tech they have to say yes

and people say lawers are good for nothing...thanks for the post...very helpful.

 

[joshb]

Re: Appointment Denied Due to Background- is There a Way to Appea

This is from a Florida attorney and not an insurance agent taking an educated guess.

Expunge means its gone forever. Never existed. File gets erased from the clerks office. The sheriff who arrested said person is ordered to delete their files. Its shredded and taken out of computers. But only certain felonies are eligible for expungement. There is a statutue which says which ones can't be expunged.

Sealing on the other hand the files exist with the clerk but you must get a court order to open them. So the records exist

If the person gets asked about a conviction and their case was expunged. 1. They were never convicted (bc you can't expunge something if you were adjudicated guilty) 2. The records don't exist anywhere.
But if the problem is when they were asked if ever arrested. Bc tech they have to say yes

A very good friend (brother in law) of mine had a record expunged. It can still be found. Can you explain why this is? Maybe it was done incorrectly? He was told that it will always be there even if its expunged.

 

[arnguy]

Re: Appointment Denied Due to Background- is There a Way to Appea

Depends on the state in which one resides.

 

[Crabcake Johnny]

Re: Appointment Denied Due to Background- is There a Way to Appea

First of all, anyone can do a public records search - either free from some states or available at a fee. I can only assume there's a database for these records.

My opinion; once it's in these various databases it's over. The court can remove it from their records but it's plastered all over the place from all the companies that database these kinds of records.

Friend of mine was falsely arrested few years back. Ex-wife issue. It was supposed to be totally erased from his record yet it's a few clicks away.

 

[Larry Tew]

Re: Appointment Denied Due to Background- is There a Way to Appea

Ultimately, you are better off disclosing anything that may be uncovered later.

 

[retread]

Re: Appointment Denied Due to Background- is There a Way to Appea

First of all, anyone can do a public records search - either free from some states or available at a fee. I can only assume there's a database for these records.

My opinion; once it's in these various databases it's over. The court can remove it from their records but it's plastered all over the place from all the companies that database these kinds of records.

Friend of mine was falsely arrested few years back. Ex-wife issue. It was supposed to be totally erased from his record yet it's a few clicks away.

I know from personal experience that management will send blind copies of labor disputes, even if settled amicably and agreed to be dropped with no legal recourse, to other divisions or departments where management there keeps an open file of all labor disputes. It is expressly forbidden by labor law to keep duplicate employee files, but nevertheless it is done regularly. It is not hard for management to find any topic or name using a basic search engine if it suits them.

Similar principle to what John says. You cannot hide anything in the digital world once it hits the 'net, whether inter-, intra-, government, or whatever.

 

[HarryRenard]

Re: Appointment Denied Due to Background- is There a Way to Appea

I dont think you can expunge CONVICTIONS or guilty pleas completely.
Expungements are for cases put on stet docket or nolle pros and pbj's and will remove the offense from the general public NOT from law enforcement or govt agency.

If you were convicted nothing changes you remain a convicted felon, no way to change that.
This is the case for Md and probably varies for most states.

 

[VolAgent]

Re: Appointment Denied Due to Background- is There a Way to Appea

If you were convicted nothing changes you remain a convicted felon, no way to change that.
This is the case for Md and probably varies for most states.

If you can't do the time, don't do the crime.

 

[Crabcake Johnny]

Re: Appointment Denied Due to Background- is There a Way to Appea

Depends on what you believe. If someone commits a crime and is caught and convicted, they serve their time. After their time has been served they have paid their debt.

We are quickly approaching the kind of society where nothing goes away. You can be paying for that stupid thing you did when you were 19 when you're 45.