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LostInAnomie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-04 08:03 PM
Original message
I need some legal advice
About 7 years ago when I was 18 I was convicted for criminal mischief (a misdemeanor). I have graduated college, do volunteer work, and have kept my record clean ever since. I have been applying for work but almost every application I fill out asks if I have ever been arrested and I have to say "yes".

I am interested in expunging my record, but I don't know anything about it. Does anyone know anything about getting a record expunged?
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truhavoc Donating Member (820 posts) Send PM | Profile | Ignore Mon Jun-28-04 08:09 PM
Response to Original message
1. I'm not sure about your state
but in Ohio it costs $50 for the petition which is then sent to the judge. Since you were young you have a very high change of having it expunged, as long as there are no other misdemenors on your record. Some speeding tickets, such as speeding in a school zone, are considered misdemenors.
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LostInAnomie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-04 08:12 PM
Response to Reply #1
3. nothing but a couple of speeding tickets
that are just normal speeding tickets. All of which I had deferred.
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MikeG Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-04 08:11 PM
Response to Original message
2. Most criminal lawyers can get a misdemeanor expunged after three (3) years
It depends on the criminal statutes in your state.

And do you mean they ask if you've been arrested?

Don't they ask if you've been convicted?

Anyone can be accused.

Its seems improper to ask if you've been arrested.
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LostInAnomie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-04 08:14 PM
Response to Reply #2
5. Yeah, they ask if you have been arrested
and then ask for a full explanation and resulting convictions if any. It sucks.
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-04 08:13 PM
Response to Original message
4. Ask an attorney
Always ask an attorney for serious legal advice. Many attorneys would answer a question like this for you as part of a free consultation. If there is a process involved, it may be inexpensive.

I'm about twice your age. As a teen, I had a couple similar brushes with the law. I ended up a psychiatric social worker, including working in the county jail and other forensic duties. Having been a wild teen did not count against me; in fact, I always used it to my advantage.

There is no shame in saying you used to be a hoodlum or a drunk or a jerk. There would only be shame in not changing. You've changed. Your past was part of your education.
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LostInAnomie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-04 08:19 PM
Response to Reply #4
8. Thanks, that gave me some hope.
I graduated with a soc. major, a psych. and crim. just. minor, and was hoping to go back to get my masters in secondary education so I could teach in high school.

I didn't want to waste my money going back to school just so every school I send a resume to can turn me down for something stupid I did while I was still in high school.
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WillParkinson Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-04 08:15 PM
Response to Original message
6. What state do you live in?
In Texas you just need to become governor and seal your records.
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quinn94704 Donating Member (29 posts) Send PM | Profile | Ignore Mon Jun-28-04 08:18 PM
Response to Reply #6
7. No kidding. :P
Thanks for reminding us that there is still two Americas. :(
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Spinzonner Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-04 08:20 PM
Response to Original message
9. Try This

http://search.nolo.com/query.html?col=a2whole&qt=expunge

Nolo books

but it doesnt say what hasnt already's been said.

You'll need to find out the rules for your state - presuming that's where the conviction occurred.
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iamjoy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-04 08:22 PM
Response to Original message
10. Do You Think It's Held Against You?
What a shame
IMHO If you served your time that it shouldn't matter, especially if it was a non-violent crime and you were young.

Good luck on the job hunt, try to find a place that doesn't care if you made a few stupid mistakes in your youth, lots of kids do.
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LostInAnomie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-04 08:28 PM
Response to Reply #10
12. Let me put it this way
Any job that has ever asked I haven't ever made it past the initial application process, and I have applied at a lot of places. I have never been fired. I have never skipped work. When I do miss work I always have a doctors excuse. Every place I have worked at I am eligible for rehire.
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Xithras Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-28-04 08:27 PM
Response to Original message
11. Just don't lie about it
I nearly lost my current adjunct teaching job because I checked "No" in that box, when I was actually nailed for stealing an expensive mountain bike at 15...I was a kid, that was a LONG time ago, I didn't think it mattered anymore. I was only permitted to keep my job because the application wasn't clear about juvenile vs. adult convictions, and I successfully argued that I'd misunderstood (a job preserving half-truth, but I couldn't see being honest and giving up my position over a bike I stole well over a decade and a half ago, that was returned to its owner, AND that I paid over $300 in restitution for).

For me, clearing my record was as simple as filling out a form and paying a fee. I can now check "No" with confidence :)
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