Subject: Re: felony expunge Ohio
From: DUI/DWI Information Association
To: All
Date Posted: 20:09:26 08/18/03 ()
Email Address:
Entered From: at 67.30.202.191
Message:
usually what happens is that it shows on the record that the case was dismissed by the city, county or whatever the charging entity was.
You are legally allowed to answer NO on a background check when it asks if you have any felony convictions. when they do the check they will see that you were charged and then the charges were dismissed. they can take no adverse action due to seeing the info presented in this fashion, in accordance with the fair credit reporting act (ie....deny you your nursing license)
basically after expungement you are given a clean slate. the reason why its not completely removed is in the case you commit any future crimes it will be used to "enhance" your new sentence.
Hope this helps. Best Wishes,
DUI/DWI Information Association
http://www.duiprocess.com
---------------------------------------------------: It depends on your state's law. Ask your attorney. Most states will allow you to answer as if the felony never occurred and will delete every and all record of it.
:
: : I'm going for a nursing degree which a felon cannot get. I'm able to get it expunged in less than a year. My question is will my record show something was expunged or is it completely deleted.
Subject: First DUI-is this a criminal offense?
From: Sarah
To: All
Date Posted: 22:50:55 08/16/03 ()
Email Address:
Entered From: at 67.29.195.160
Message:
Got caught in a small town in a DUI sting-after going to a dinner party--convicted low bac. No prior anything except for a license plate infraction 10 years ago. I am 47 and am clean as a whistle....now this. Convicted and sentenced in Mayor's Court of a small town. Refused a lower sentence, just plain refused.
Ticket listed as traffic violation not criminal. But I am confused by the retoric on misdemeanor traffic violation. There was no accident etc.
Do I now have a criminal conviction on my state record or would this be kept in the small town Mayor's Court?
Am I now criminalized?
When I was arrested the police did not take my prints nor a picture done. Does that mean anything?
Most important, in years past I have always been able to put on an application that I have had no convictions of any kind...what do I do now? I am finding that the people that I have spoken to about this all know that this small town is known for nabbing people for low bac dui so they can pay their city debts. However, what do I say to prospective employers? And is this going to preclude me from ever getting a job again? I just finished a career change schooling course. Excellent past work history and excellent credit history.
I got an average sentence amount but it was still extremely high IMHO considering no prior etc. I paid my due .... I just want to get a job and go on with my life and I am afraid that this is going to haunt me forever. I am afraid to drive, have not had a drink since the arrest, and will never, ever drive with even one drink in my system.
Can anyone help me with my fears of continuing forever and forever the dui haunt from this small town.
Does the employment world now see me as a criminal?
Sarah
Subject: Re: First DUI-is this a criminal offense?
From: DUI/DWI Information Association
To: All
Date Posted: 23:33:00 08/17/03 ()
Email Address:
Entered From: at 67.30.202.162
Message:
Sarah:
sorry to hear about your situation. a few thoughts:
it sounds like you are one of the lucky ones w/ this offense. lots of people get caught in a similar situation because this is a money making machine. not saying that some people don't deserve the conviction, but cops tag people to make money quite frequently.
but from the sounds of your story it doesn't seem like you really need to worry about it. good thing it was in a small town, seems they do things differently.. just follow whatever directions the mayor's court gave you.
it might show up on a criminal background check or it may not, it depends if they even filed anything w/ the county courthouse or not. if they didn't, it won't show up on any check.
even if it does show up getting around these background checks is pretty easy these days. its not a fair situation you've been put in, thats why if it does show up on a check you should consider beating the check, why should you lose out on a great job because of this?
if you find out anymore details please post them and maybe we can help you figure some things out. if you do decide you want to learn how to beat a background check please check out our website.
Best of luck to you.
http://www.duiprocess.com
Sincerely,
DUI/DWI Information Association
Subject: Re: First DUI-is this a criminal offense?
From: rl
To: All
Date Posted: 09:23:09 08/17/03 ()
Email Address: roghlin@mac.com
Entered From: at 67.31.72.249
Message:
: Got caught in a small town in a DUI sting-after going to a dinner party--convicted low bac. No prior anything except for a license plate infraction 10 years ago. I am 47 and am clean as a whistle....now this. Convicted and sentenced in Mayor's Court of a small town. Refused a lower sentence, just plain refused.
: Ticket listed as traffic violation not criminal. But I am confused by the retoric on misdemeanor traffic violation. There was no accident etc.
: Do I now have a criminal conviction on my state record or would this be kept in the small town Mayor's Court?
: Am I now criminalized?
: When I was arrested the police did not take my prints nor a picture done. Does that mean anything?
: Most important, in years past I have always been able to put on an application that I have had no convictions of any kind...what do I do now? I am finding that the people that I have spoken to about this all know that this small town is known for nabbing people for low bac dui so they can pay their city debts. However, what do I say to prospective employers? And is this going to preclude me from ever getting a job again? I just finished a career change schooling course. Excellent past work history and excellent credit history.
: I got an average sentence amount but it was still extremely high IMHO considering no prior etc. I paid my due .... I just want to get a job and go on with my life and I am afraid that this is going to haunt me forever. I am afraid to drive, have not had a drink since the arrest, and will never, ever drive with even one drink in my system.
: Can anyone help me with my fears of continuing forever and forever the dui haunt from this small town.
: Does the employment world now see me as a criminal?
: Sarah
***You asked a question that I can help you with because I have been through a similar situation. My situation was in NY when I pled guilty to a non-criminal violation. After I completed my sentence of conditional discharge (1 year) and paid my fine($50) my record was sealed, fingerprints destroyed because the offense I pled guilty to was a non-fingerprintable violation and therefore not a "crime". So I would not have a "criminal record" in a legal sense of the word if fingerprinted for a job but I still have an offense on my record. The violation offense would show up normally on a background check of the court system in NY showing that I was in court and pled guilty to the violation. This is because all convictions, criminal or not, are public record in the court as you probably know.
In NY, there is DWI(Driving While Intoxicated) which is a misdemeanor(crime) for the first offense and a felony(crime) for the second offense in 10 years. DWI offenses are fingerprintable offenses and of course not only are they penal code offenses they are also major driving offenses reportable to the DMV and stay on a driving record for as long as 10 years. DWI bac I believe is .10 or .08(I don't remember for sure).
Then there is DWAI(Driving While Ability Impaired) which is a driving infraction and not a criminal offense. This is a bac lower than .10 or .08 and is also considered a major driving offense that stays on a driving record for 10 years but it is not a criminal offense. This is what your situation sounds like to me. This is not supposed to give you a criminal record but just an offense conviction. It still comes up on a background check of the courts along with the misdemeanors because it is a major traffic infraction(whereas a minor traffic infraction is a matter handled by the village courts and traffic courts).
Now, my offense was not a driving offense but a disorderly conduct matter which is a violation but it is still generally the same level of offense.
Still you should find out just to be on the safe side if your conviction was a crime or just a violation. If just a violation you can check "no" to ever being convicted of a crime but if ever asked if you were ever convicted of anything other than a minor traffic violation you would have to answer 'yes".
It sounds like if you were not fingerprinted you were only guilty of committing a traffic infraction.
Hope this helps
RL
Subject: Re: First DUI-is this a criminal offense?
From: rl
To: All
Date Posted: 10:00:16 08/17/03 ()
Email Address: roghlin@mac.com
Entered From: at 67.31.72.136
Message:
: : Got caught in a small town in a DUI sting-after going to a dinner party--convicted low bac. No prior anything except for a license plate infraction 10 years ago. I am 47 and am clean as a whistle....now this. Convicted and sentenced in Mayor's Court of a small town. Refused a lower sentence, just plain refused.
: : Ticket listed as traffic violation not criminal. But I am confused by the retoric on misdemeanor traffic violation. There was no accident etc.
: : Do I now have a criminal conviction on my state record or would this be kept in the small town Mayor's Court?
: : Am I now criminalized?
: : When I was arrested the police did not take my prints nor a picture done. Does that mean anything?
: : Most important, in years past I have always been able to put on an application that I have had no convictions of any kind...what do I do now? I am finding that the people that I have spoken to about this all know that this small town is known for nabbing people for low bac dui so they can pay their city debts. However, what do I say to prospective employers? And is this going to preclude me from ever getting a job again? I just finished a career change schooling course. Excellent past work history and excellent credit history.
: : I got an average sentence amount but it was still extremely high IMHO considering no prior etc. I paid my due .... I just want to get a job and go on with my life and I am afraid that this is going to haunt me forever. I am afraid to drive, have not had a drink since the arrest, and will never, ever drive with even one drink in my system.
: : Can anyone help me with my fears of continuing forever and forever the dui haunt from this small town.
: : Does the employment world now see me as a criminal?
: : Sarah
: ***You asked a question that I can help you with because I have been through a similar situation. My situation was in NY when I pled guilty to a non-criminal violation. After I completed my sentence of conditional discharge (1 year) and paid my fine($50) my record was sealed, fingerprints destroyed because the offense I pled guilty to was a non-fingerprintable violation and therefore not a "crime". So I would not have a "criminal record" in a legal sense of the word if fingerprinted for a job but I still have an offense on my record. The violation offense would show up normally on a background check of the court system in NY showing that I was in court and pled guilty to the violation. This is because all convictions, criminal or not, are public record in the court as you probably know.
: In NY, there is DWI(Driving While Intoxicated) which is a misdemeanor(crime) for the first offense and a felony(crime) for the second offense in 10 years. DWI offenses are fingerprintable offenses and of course not only are they penal code offenses they are also major driving offenses reportable to the DMV and stay on a driving record for as long as 10 years. DWI bac I believe is .10 or .08(I don't remember for sure).
: Then there is DWAI(Driving While Ability Impaired) which is a driving infraction and not a criminal offense. This is a bac lower than .10 or .08 and is also considered a major driving offense that stays on a driving record for 10 years but it is not a criminal offense. This is what your situation sounds like to me. This is not supposed to give you a criminal record but just an offense conviction. It still comes up on a background check of the courts along with the misdemeanors because it is a major traffic infraction(whereas a minor traffic infraction is a matter handled by the village courts and traffic courts).
: Now, my offense was not a driving offense but a disorderly conduct matter which is a violation but it is still generally the same level of offense.
: Still you should find out just to be on the safe side if your conviction was a crime or just a violation. If just a violation you can check "no" to ever being convicted of a crime but if ever asked if you were ever convicted of anything other than a minor traffic violation you would have to answer 'yes".
: It sounds like if you were not fingerprinted you were only guilty of committing a traffic infraction.
: Hope this helps
: RL
***Hi Again. More than anything else this would probably affect your driving record/insurance than being seen as a 'criminal". This does not sound like a 'criminal record" and though it is a matter of public record and can be uncovered as part of a consumer credit score evaluation or an employer background check, there is the FCRA(fair Credit reporting Act) that is supposed to limit the reporting of certain convictions to 7 or 10 years and even if an employer does uncover this conviction the EOEC(Equal opportunity Employment Commission) dictates that a prospective employer is not supposed to disqualify you for a job unless the nature of the offense is related to the duties of the job or the employer is not totally certain that you did not committ the offense.
And of course anyone reading the report would see that this matter was not a criminal one.
RL
Subject: Re: First DUI-is this a criminal offense?
From: Sarah
To: All
Date Posted: 13:14:08 08/17/03 ()
Email Address:
Entered From: at 67.29.194.41
Message:
: : : Got caught in a small town in a DUI sting-after going to a dinner party--convicted low bac. No prior anything except for a license plate infraction 10 years ago. I am 47 and am clean as a whistle....now this. Convicted and sentenced in Mayor's Court of a small town. Refused a lower sentence, just plain refused.
: : : Ticket listed as traffic violation not criminal. But I am confused by the retoric on misdemeanor traffic violation. There was no accident etc.
: : : Do I now have a criminal conviction on my state record or would this be kept in the small town Mayor's Court?
: : : Am I now criminalized?
: : : When I was arrested the police did not take my prints nor a picture done. Does that mean anything?
: : : Most important, in years past I have always been able to put on an application that I have had no convictions of any kind...what do I do now? I am finding that the people that I have spoken to about this all know that this small town is known for nabbing people for low bac dui so they can pay their city debts. However, what do I say to prospective employers? And is this going to preclude me from ever getting a job again? I just finished a career change schooling course. Excellent past work history and excellent credit history.
: : : I got an average sentence amount but it was still extremely high IMHO considering no prior etc. I paid my due .... I just want to get a job and go on with my life and I am afraid that this is going to haunt me forever. I am afraid to drive, have not had a drink since the arrest, and will never, ever drive with even one drink in my system.
: : : Can anyone help me with my fears of continuing forever and forever the dui haunt from this small town.
: : : Does the employment world now see me as a criminal?
: : : Sarah
: : ***You asked a question that I can help you with because I have been through a similar situation. My situation was in NY when I pled guilty to a non-criminal violation. After I completed my sentence of conditional discharge (1 year) and paid my fine($50) my record was sealed, fingerprints destroyed because the offense I pled guilty to was a non-fingerprintable violation and therefore not a "crime". So I would not have a "criminal record" in a legal sense of the word if fingerprinted for a job but I still have an offense on my record. The violation offense would show up normally on a background check of the court system in NY showing that I was in court and pled guilty to the violation. This is because all convictions, criminal or not, are public record in the court as you probably know.
: : In NY, there is DWI(Driving While Intoxicated) which is a misdemeanor(crime) for the first offense and a felony(crime) for the second offense in 10 years. DWI offenses are fingerprintable offenses and of course not only are they penal code offenses they are also major driving offenses reportable to the DMV and stay on a driving record for as long as 10 years. DWI bac I believe is .10 or .08(I don't remember for sure).
: : Then there is DWAI(Driving While Ability Impaired) which is a driving infraction and not a criminal offense. This is a bac lower than .10 or .08 and is also considered a major driving offense that stays on a driving record for 10 years but it is not a criminal offense. This is what your situation sounds like to me. This is not supposed to give you a criminal record but just an offense conviction. It still comes up on a background check of the courts along with the misdemeanors because it is a major traffic infraction(whereas a minor traffic infraction is a matter handled by the village courts and traffic courts).
: : Now, my offense was not a driving offense but a disorderly conduct matter which is a violation but it is still generally the same level of offense.
: : Still you should find out just to be on the safe side if your conviction was a crime or just a violation. If just a violation you can check "no" to ever being convicted of a crime but if ever asked if you were ever convicted of anything other than a minor traffic violation you would have to answer 'yes".
: : It sounds like if you were not fingerprinted you were only guilty of committing a traffic infraction.
: : Hope this helps
: : RL
: ***Hi Again. More than anything else this would probably affect your driving record/insurance than being seen as a 'criminal". This does not sound like a 'criminal record" and though it is a matter of public record and can be uncovered as part of a consumer credit score evaluation or an employer background check, there is the FCRA(fair Credit reporting Act) that is supposed to limit the reporting of certain convictions to 7 or 10 years and even if an employer does uncover this conviction the EOEC(Equal opportunity Employment Commission) dictates that a prospective employer is not supposed to disqualify you for a job unless the nature of the offense is related to the duties of the job or the employer is not totally certain that you did not committ the offense.
: And of course anyone reading the report would see that this matter was not a criminal one.
: RL
RL, thanks for the information...I did not think that that the fact I was not finger printed meant anything except they could or could not do it...it was up to the police. I am seeing, from what you are saying that they did not finger print me so I do not have a "criminal" conviction but a traffic infraction. I saw an attorney that I knew from long ago (what karma) after the conviction and I told him what had happened and he told me that this small town is well known for hitting people up for dui (but as he says) since I am such an amateur I did not know this and BANG-they got me. He told me that it was not a criminal offense and that I was caught with a traffic violation. He tells me that his clients just do not even mention a one time thing and if it comes up )i.e.-in a background check, just say, I thought it was a traffic violation. For which it is. He assured me that he is in this small town all the time (GAWD I feel so stupid) for duis and that this is nothing (I guess in his world a one time dui infraction doesn't rate compared to what he sees everyday. I am beginning to feel less guilty about this and will deal with any fallout.
My feeling: if I lose a job or am not hired for a job for a one time low bac dui, a pristine record and great credit and work history then I will go where the people live in the real world.
I spoke to a good friend of mine about this that is a manager of a doctor's group and she told me that when she was in FL she saw them all the time on the applications. And that was 10 years ago. Now, I bet HR departments are seeing this all the time.
Note: In my county there are 500000 people between the ages of 18 and 65. The county Driver Intervention Program for this county runs 2600 people through this first time dui offender program a year. Now, these are just the people that get convicted, are first time offenders, don't skip, take the rap (most likely because they can't afford a lawyer but do not meet the indigent status) don't or won't be allowed to plead down. That means that theoretically, 30% of the county's population will get a first time dui, fess up and get convicted, and go into this program. 30%%%
Now I understand what this lawyer was talking about when he said that this is just a very big money maker...it has nothing about justice. He said I would have had a better chance if I had assaulted someone or stolen something. My insurance rates would not have gone up, I would get a public defender, have due process, the proof would have been on the police to prove (evidence), I would get probation and most likely get in expunged from my record after one year. Not so for dui...no expungement, no due process, no probation, no public defender, etc. etc. etc.
So I paid my dues to this Mayor's Court and will never drink or drive again. Nothing, NADA, Zilch.
Sarah
Subject: False Police Report
From: Lori
To: All
Date Posted: 15:07:06 08/15/03 ()
Email Address:
Entered From: at 216.164.192.144
Message:
Maryland:
My son test drove a new car with a female sales representative. She actually came to his home to pick him up. He asked if he could drive to the SPCA to pick up his dog. She agreed. They chatted while there and she smoked several of his cigarettes. She accompanied him into the SPCA.
While there, he got into an argument with the staff at the SPCA because they had adopted out his dog. While the sales representative was driving the car back to his home, with him in the passenger seat, the police pulled her over. They arrested my son for disobeying a peace order related to his girlfriend.
Hours later, this car dealer represensative filed a false statement with the police claiming that she did not agree to my son's driving to the SPCA, that he was talking to her about intimate matters and that he touched her stomach and breast. She stated that she she felt nervous. She stated that she did NOT inform the police at the scene when they arrested my son because she was scared and just wanted my son out of the car.
Now my son is charged with Kidnapping, False Imprisonment, Assault-Second Degree and S*x Offense Fourth Degree. He is held on $30,000 bail.
My son states that none of the charges happened. He is totally baffled by her charges. Since this occurred two months ago, the woman no longer works at this car dealer.
I suspect that she made up these charges in an attempt to cover up her own misconduct with her employer.
HELP. I don't know where to turn.
Subject: Re: False Police Report
From: rl
To: All
Date Posted: 20:22:10 08/15/03 ()
Email Address: roghlin@mac.com
Entered From: at 67.31.72.93
Message:
: Maryland:
: My son test drove a new car with a female sales representative. She actually came to his home to pick him up. He asked if he could drive to the SPCA to pick up his dog. She agreed. They chatted while there and she smoked several of his cigarettes. She accompanied him into the SPCA.
: While there, he got into an argument with the staff at the SPCA because they had adopted out his dog. While the sales representative was driving the car back to his home, with him in the passenger seat, the police pulled her over. They arrested my son for disobeying a peace order related to his girlfriend.
: Hours later, this car dealer represensative filed a false statement with the police claiming that she did not agree to my son's driving to the SPCA, that he was talking to her about intimate matters and that he touched her stomach and breast. She stated that she she felt nervous. She stated that she did NOT inform the police at the scene when they arrested my son because she was scared and just wanted my son out of the car.
: Now my son is charged with Kidnapping, False Imprisonment, Assault-Second Degree and S*x Offense Fourth Degree. He is held on $30,000 bail.
: My son states that none of the charges happened. He is totally baffled by her charges. Since this occurred two months ago, the woman no longer works at this car dealer.
: I suspect that she made up these charges in an attempt to cover up her own misconduct with her employer.
: HELP. I don't know where to turn.
***How did he get arrested for disobeying a peace order related to his girlfriend? How did the police know he was in that car? What made them arrest him for that at that time and place?
If the sales rep claims she did not want to go to the SPCA then why did she agree to go? Did she know
your son personally?
Subject: Re: False Police Report
From: Lori
To: All
Date Posted: 21:10:06 08/15/03 ()
Email Address:
Entered From: at 216.164.192.230
Message:
My son had a restraining order against him related to his girlfriend's 16 year old nephew and his mother. He violated this restraining order when he knocked on their door when they were not home in order to get money the aunt's boyfriend owed him. When the police were called about the disturbance at the SPCA, he matched the description wanted on the violation of the restraining order. Therefore, they pulled the car dealer over after they left the SPCA.
The car dealer representative did not know my son prior to this day. She was with him for a very long period of time. She actually followed him into the SPCA and stayed there with him during his dispute with the SPCA employees. Then, she walked out with him, he handed her the keys and then he got in the passenger seat.
When the police pulled them over, she never said anything about being taken against her will or inappropriate touching. The police arrested my son, but she said hours later that she was fearful.
I would hate to be a man in this day and age. A woman can make an accusation that doesn't even make sense and her actions are in contrast to what she accuses, and a man is locked up with a ridiculously high bail, that can't be paid by family, so he sits in a detention center and loses work, home and freedom.
Is there ANYTHING that I can do?
: : Maryland:
: : My son test drove a new car with a female sales representative. She actually came to his home to pick him up. He asked if he could drive to the SPCA to pick up his dog. She agreed. They chatted while there and she smoked several of his cigarettes. She accompanied him into the SPCA.
: : While there, he got into an argument with the staff at the SPCA because they had adopted out his dog. While the sales representative was driving the car back to his home, with him in the passenger seat, the police pulled her over. They arrested my son for disobeying a peace order related to his girlfriend.
: : Hours later, this car dealer represensative filed a false statement with the police claiming that she did not agree to my son's driving to the SPCA, that he was talking to her about intimate matters and that he touched her stomach and breast. She stated that she she felt nervous. She stated that she did NOT inform the police at the scene when they arrested my son because she was scared and just wanted my son out of the car.
: : Now my son is charged with Kidnapping, False Imprisonment, Assault-Second Degree and S*x Offense Fourth Degree. He is held on $30,000 bail.
: : My son states that none of the charges happened. He is totally baffled by her charges. Since this occurred two months ago, the woman no longer works at this car dealer.
: : I suspect that she made up these charges in an attempt to cover up her own misconduct with her employer.
: : HELP. I don't know where to turn.
: ***How did he get arrested for disobeying a peace order related to his girlfriend? How did the police know he was in that car? What made them arrest him for that at that time and place?
: If the sales rep claims she did not want to go to the SPCA then why did she agree to go? Did she know
: your son personally?
Subject: Re: False Police Report
From: rl
To: All
Date Posted: 08:51:16 08/16/03 ()
Email Address: roghlin@mac.com
Entered From: at 67.31.72.120
Message:
: My son had a restraining order against him related to his girlfriend's 16 year old nephew and his mother. He violated this restraining order when he knocked on their door when they were not home in order to get money the aunt's boyfriend owed him. When the police were called about the disturbance at the SPCA, he matched the description wanted on the violation of the restraining order. Therefore, they pulled the car dealer over after they left the SPCA.
: The car dealer representative did not know my son prior to this day. She was with him for a very long period of time. She actually followed him into the SPCA and stayed there with him during his dispute with the SPCA employees. Then, she walked out with him, he handed her the keys and then he got in the passenger seat.
: When the police pulled them over, she never said anything about being taken against her will or inappropriate touching. The police arrested my son, but she said hours later that she was fearful.
: I would hate to be a man in this day and age. A woman can make an accusation that doesn't even make sense and her actions are in contrast to what she accuses, and a man is locked up with a ridiculously high bail, that can't be paid by family, so he sits in a detention center and loses work, home and freedom.
: Is there ANYTHING that I can do?
: : : Maryland:
***It seems that the sales girl took advantage of being "the good one" in the car and obviouslcaught wind of the fact that your son had some kind of record/order of protection. She took advantage if this by making up false charges I presume. And the fact that she was no longer working there at the car dealer makes me think that if she were subpoenaed into court on those charges her employer may get called in as to why she agreed to go to the SPCA with him. She should not have agreed to do that. Then it could be determined she put herself deliberately in such a situation. As it stands for the touching stuff it is her word against his. I really think the employer got rid of her to cover their necks. It seems maybe the employer(car dealer) should be subpoenaed into court. I am not a lawyer but this is just how i see the situation. Did the police question the sales girl when they stopped them and why did the police stop them when the car was i presume registered to the car dealership and she was the driver? **
: : : My son test drove a new car with a female sales representative. She actually came to his home to pick him up. He asked if he could drive to the SPCA to pick up his dog. She agreed. They chatted while there and she smoked several of his cigarettes. She accompanied him into the SPCA.
: : : While there, he got into an argument with the staff at the SPCA because they had adopted out his dog. While the sales representative was driving the car back to his home, with him in the passenger seat, the police pulled her over. They arrested my son for disobeying a peace order related to his girlfriend.
: : : Hours later, this car dealer represensative filed a false statement with the police claiming that she did not agree to my son's driving to the SPCA, that he was talking to her about intimate matters and that he touched her stomach and breast. She stated that she she felt nervous. She stated that she did NOT inform the police at the scene when they arrested my son because she was scared and just wanted my son out of the car.
: : : Now my son is charged with Kidnapping, False Imprisonment, Assault-Second Degree and S*x Offense Fourth Degree. He is held on $30,000 bail.
: : : My son states that none of the charges happened. He is totally baffled by her charges. Since this occurred two months ago, the woman no longer works at this car dealer.
: : : I suspect that she made up these charges in an attempt to cover up her own misconduct with her employer.
: : : HELP. I don't know where to turn.
: : ***How did he get arrested for disobeying a peace order related to his girlfriend? How did the police know he was in that car? What made them arrest him for that at that time and place?
: : If the sales rep claims she did not want to go to the SPCA then why did she agree to go? Did she know
: : your son personally?
Subject: Re: colorado
From: jay
To: All
Date Posted: 21:40:21 08/13/03 ()
Email Address:
Entered From: at 68.34.170.86
Message:
Is it legal to drive in your home state where the license was revoked with a legal license from another state? For example, In Colorado, one is allowed to drive after one year of suspension so although my license in my home state is revoked for 5 years, I can legally get a license in Colorado.
Does anyone know anything about getting a South American license? Is it legal to drive in the US with one?
: I believe the residence requirement for Colorado is 90 continuous days. But if you just say you are applying for a license and give them an address it doesn't seem as if they will require proof. Here's some more info on the matter:
: Driver licenses, instructional permits and Colorado identification cards can be obtained at 55 locations throughout the state. To apply for a license, instructional permit or duplicate, you must:
: Submit 2 primary forms of identification. One form must be proof of age such as an original or certified copy of your state-issued birth certificate, your passport or immigration documents or a previous license or permit. The second primary from can be proof of age or proof of name such as an original or certified copy of your marriage license, adoption paper, divorce decree or a previous license or permit.
: Provide your Social Security Number.
: Supply a Colorado residence address.
: Pass all required examinations (written, vision and road performance).
: Pay the required fee.
: Be fingerprinted and photographed
: check out their site at
: http://www.mv.state.co.us/faqdrli.html#12.
Subject: Re: colorado
From: DUIPROCESS.COM
To: All
Date Posted: 09:39:35 08/14/03 ()
Email Address:
Entered From: at 65.56.211.185
Message:
it is illegal to drive in your home state if you are revoked there even if you have a valid license from another state. each state gives you what they call driving privileges. they can revoke them at any time. now with the colorado license they are licensing you to drive in their state and others but your privileges are still revoked in your home state.
any other kind of license like south american would be treated the same way. you are on the right track with this kind of thinking. keep it up and never give up and you will find a way.
DUI/DWI Information Association
http://www.duiprocess.com
------------------------------------------------------
: Is it legal to drive in your home state where the license was revoked with a legal license from another state? For example, In Colorado, one is allowed to drive after one year of suspension so although my license in my home state is revoked for 5 years, I can legally get a license in Colorado.
: Does anyone know anything about getting a South American license? Is it legal to drive in the US with one?
: : I believe the residence requirement for Colorado is 90 continuous days. But if you just say you are applying for a license and give them an address it doesn't seem as if they will require proof. Here's some more info on the matter:
: : Driver licenses, instructional permits and Colorado identification cards can be obtained at 55 locations throughout the state. To apply for a license, instructional permit or duplicate, you must:
: : Submit 2 primary forms of identification. One form must be proof of age such as an original or certified copy of your state-issued birth certificate, your passport or immigration documents or a previous license or permit. The second primary from can be proof of age or proof of name such as an original or certified copy of your marriage license, adoption paper, divorce decree or a previous license or permit.
: : Provide your Social Security Number.
: : Supply a Colorado residence address.
: : Pass all required examinations (written, vision and road performance).
: : Pay the required fee.
: : Be fingerprinted and photographed
: : check out their site at
: : http://www.mv.state.co.us/faqdrli.html#12.
Subject: Re: dui
From: bk
To: All
Date Posted: 18:40:03 08/11/03 ()
Email Address: knightbsk51180@yahoo.com
Entered From: at 68.34.170.86
Message:
:
I am willing to move to Florida, Delaware, New Jersey,
not sure where else.
If you are willing to move you have a good chance. This is the type of motivation we like to see! Don't let the system push you around. Its a money making machine and you are the one with the wallet. Don't be a victim. Learn the system.
: To answer your question, its possible. what state's are you willing to move to? Some you can, some you can't. You should fulfill your obligations to your current state then move so that eventually your privileges will be restored in your current state as well.
: We have some free advice on our site. We are not lawyers just people who have done what you are looking to do, beat the system. We have found out things that lawyers won't tell you.
: http://www.duiprocess.com
: DUI/DWI Information Association
: : I lost my license due to a dui-Am I eligible in any other state to get a license? I am willing to move!!
Subject: FOIA Re: Military problem giving me an FBI record?
From: Lawman
To: All
Date Posted: 21:18:01 08/10/03 ()
Email Address:
Entered From: at 65.41.85.118
Message:
That is correct. Do a Freedom of information act request for it.
: did they follow up on the "hit?" usually once something comes up on a background check, its the beginning of the investigation. then they will delve into the "hit" and learn more about it. they should have ok'd it after inspection.
: the fact that they didn't seems like you were charged with something even though they said that you weren't. Or something was placed on your record. If its with the FBI, the easiest way to find out about it is to contact them directly and request a copy of your file. You need to know whats on it first then you can clear it off. After you see what it is there are many ways to get it taken off, military or civilian.
: So order your file from the FBI first.
: Good luck to you.
: http://www.duiprocess.com
: : Please help me. I served in the U.S. Army (Officer) 1985 through 1989. There was a C.I.D. investigation of which I was a interviewed, but nothing became of the investigation. I was never charged and my commander (Lt. Colonel) talked with me but said he didn't believe I did anything wrong. Well, in 2000 I applied for a teaching job and was informed that I had a "hit" on the FBI's database as being arrested - something that never happened! This incident in the military was the cause.
: : My question, is how do I have this removed from my "record" so potential employers are not given wrong information.
: : Thanks!
Subject: School board member with a personal grudge
From: JakeWillis
To: All
Date Posted: 21:28:15 08/07/03 ()
Email Address:
Entered From: at 65.168.100.34
Message:
I am a teacher in Ohio with an annoying problem: I have a school board member who has been trying to get me fired ever since I chose another student over her child for a leadership position in my band. She put me through the contract non-renewal process even though my principals, Superintendant and parents were unanimous in their support (in fact, she was the only person to have concerns at the public meeting!!!)
Now my wife is the only applicant for the Supplemental Flag Corps advisor position at my school (it is a position that works in conjunction with the marching band in the fall) and her appointment, even though she is qualified, recommended by the previous position holder, and the principal, is being held up because this woman has "concerns" which were not made public.
She is trying to deny my wife a job due to personal reasons. It is a situation where everyone knows why she is doing it, but we don't have "proof" that I know of other than the fact that she has no valid concerns!?!
Is there any legal action I can take? This woman's personal vendetta against me and my family has gone too far! She is trying to deny my wife a job because of her personal feelings! (and once again - she is the ONLY board member against the appointment!)
Subject: Re: School board member with a personal grudge
From: JakeWillis
To: All
Date Posted: 21:45:13 08/07/03 ()
Email Address: jakezone@yahoo.com
Entered From: at 65.168.100.76
Message:
: I am a teacher in Ohio with an annoying problem: I have a school board member who has been trying to get me fired ever since I chose another student over her child for a leadership position in my band. She put me through the contract non-renewal process even though my principals, Superintendant and parents were unanimous in their support (in fact, she was the only person to have concerns at the public meeting!!!)
: Now my wife is the only applicant for the Supplemental Flag Corps advisor position at my school (it is a position that works in conjunction with the marching band in the fall) and her appointment, even though she is qualified, recommended by the previous position holder, and the principal, is being held up because this woman has "concerns" which were not made public.
: She is trying to deny my wife a job due to personal reasons. It is a situation where everyone knows why she is doing it, but we don't have "proof" that I know of other than the fact that she has no valid concerns!?!
: Is there any legal action I can take? This woman's personal vendetta against me and my family has gone too far! She is trying to deny my wife a job because of her personal feelings! (and once again - she is the ONLY board member against the appointment!)
Sorry about the blank post. I have another question...what kind of Lawyer should I contact? Labor Atty? General Prac? Education???
Thanks!
Subject: Re: School board member with a personal grudge
From: JakeWillis
To: All
Date Posted: 21:44:18 08/07/03 ()
Email Address: jakezone@yahoo.com
Entered From: at 65.168.100.76
Message:
: I am a teacher in Ohio with an annoying problem: I have a school board member who has been trying to get me fired ever since I chose another student over her child for a leadership position in my band. She put me through the contract non-renewal process even though my principals, Superintendant and parents were unanimous in their support (in fact, she was the only person to have concerns at the public meeting!!!)
: Now my wife is the only applicant for the Supplemental Flag Corps advisor position at my school (it is a position that works in conjunction with the marching band in the fall) and her appointment, even though she is qualified, recommended by the previous position holder, and the principal, is being held up because this woman has "concerns" which were not made public.
: She is trying to deny my wife a job due to personal reasons. It is a situation where everyone knows why she is doing it, but we don't have "proof" that I know of other than the fact that she has no valid concerns!?!
: Is there any legal action I can take? This woman's personal vendetta against me and my family has gone too far! She is trying to deny my wife a job because of her personal feelings! (and once again - she is the ONLY board member against the appointment!)
Subject: Access To Any Email: Hacking & Cracking - Password Retrieval
From: S.W.
To: All
Date Posted: 02:22:50 08/05/03 ()
Email Address:
Entered From: at 172.193.121.12
Message:
Hi. My name is S. Wallace, and if you are looking for help regarding accessing Email accounts, because suspicion of an unfaithful or dishonest spouse, missing loved one, lost account, or someone has done you harm or ripped you off, and you want proof of it, you have found the right person. However, I do not allow malicious intent. In a dishonest business I pride myself on being free of deception, as I also expect from you. Confidentiality and privacy is a must, so rest assured I have taken every precaution possible so that both you and I are safe, and will reach our goal unobserved. My prices are affordable, and my work is expedient. I have been dealing with hacking and cracking for numerous years; at one time I was employed by MSN Security, so I know what I'm doing. If you are interested please do not respond to this post, but Email me at: walls@hush.com . Thank you.
S.W.
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Subject: CLASS ACTION: Royal Shafting for Class Plaintiff
From: rogerdodger
To: All
Date Posted: 11:37:58 07/27/03 ()
Email Address:
Entered From: at 67.29.214.1
Message:
During the course of past 7 months I have been involved with developing two class action cases (consumer issues) which are estimated to be costing consumers nationwide one billion dollars annually.
This is not the first time I have explored the stench ridden class action process and was not surprised to learn of recent legislation (S. 274) intended to address the inequities, i.e., lawyers skipping away with millions while class members receive coupons or token compensation in the form of pennies on the dollar.
The proposed legislation, which strives to transfer most class action matter to federal jurisdiction, would appear to be the number one item on the wish list for every larcenous CEO.
S. 274 categorizes Incentive Awards (the paltry awards given to the class rep for initiating the process) as "bounty" and proposes to eradicate them! I have invested over 100 hours to develop these two cases, not to mention the fact I must
overlook damages (several hundred dollars) in order to serve as class plaintiff. It is QUITE obvious the proposed remedy (S. 274) represents a gift to big business from corrput lawmakers. Of course there is a middle ground here, a law which would prevent windfall fees to law firms while curbing nuisance litigation and protecting the interests of the class members, but rarely does is the public interest served when corrput politicians, big business and special interest groups are involved in formulating a resolution.
THE ONLY REASON S.274 ADVOCATES THE ERADICATION OF INCENTIVE AWARDS IS TO THWART THE PROCESS. It is not likely I would have pursued these issues for altruistic reasons alone. Lawyers expect a 25 to 40 percent contingency fee for their efforts but the class plaintiff gets shafted since he lacks "a license to steal".
Erin Brockovich, a glorified law clerk with the law firm that pursued a mass tort issue, walked away with a TWO MILLION dollar "performance bonus". She essentially performed many of the duties a class plaintiff does, i.e., she was the motivating force behind the litigation. The ONLY reason she was eligible to receive such an absurd amount of cash was due to her affiliation with a law firm. The same law firm which scooped up 40 percent of a 300(plus) million dollar settlement and was then purported to ask for another 10 million for expenses. Their greed knows no bounds.
Compare her windfall with the crumbs typically tossed to a class plaintiff........$3,000 to $7,000. Yes, the class rep is left to grovel for token amounts awarded by the buffoon in the black robe.
A final point regarding this legal septic tank: I was advised by one lawyer to make certain the settlement offer contains a reference to the incentive award vs simply allowing this issue to be determined by a judge.
This lawyer then said, "this isn't something MOST laywers are going to tell you". His advice was was an indictment of members of his profession by implying greed-driven lawyers would NOT be inclined to safeguard the best interest of their client.
For the non-lawyers: ........he was advising me to make certain the settlement offer to the defendants included a specific amount to be awarded to the class plaintiff (yours truly) which reflected compensation for my diligence.... along the lines of $10,000 to 20,000.
I came to learn the incentive award originates from the fee the lawyers receive, not the fund established to compensate class members. Despite the fact lawyers depend on the class plaintiff to butter their bread they are the first ones to pull out the KY Jelly and give their cherished client the shaft by conveniently overlooking this matter. They are fully cognizant of the fact that if the class rep fee isn't presented in a settlement offer (and most class action cases are resolved by this vehicle) the clown in black (undoubtedly another lawyer) is only going to award the class rep a few grand. Is it any wonder lawyers are viewed with contempt and disdain?
The bottom line: as a former whistle blower who was once employed by the 17th largest bank in the US, who STOLE close to 100 million from their customers during a 5 year period, the class action process was the ONLY vehicle which finally put a stop to this fraud.
NONE of the Florida agencies I alerted took any action. Attorney General, Dept of Insurance, Consumer Affairs of the Comptroller. The public CANNOT rely on these ineffectual paper tigers to reel-in corrupt corporations. Enron, World Comm, the savings and loan scandal all serve to illustrate this point.
In instances when class action is the last resort, where an astute class plaintiff teams-up with a law firm to protect the public interest, the lawyers SHOULD be entitled to a handsome reward for taking the case on a contingency fee basis.......JUST as the class rep should be entitled to more than a few crumbs they typically receive.
Isn't is ODD that every class action is handled like any old contingency fee case (lawyers get 30 to 40 percent of settlement amount) and the plaintiff gets the remainder (less actual expenses by the legal eagles) UNTIL THE POINT WHEN IT COMES TIME FOR SETTLEMENT !
The class plaintiff is then expected to put on a different hat....and observe his "obligation to other class members" by acting honorably and realizine it would be inequitable for them to receive significantly more compensation than ordinary class members.
Well, if some clerk like Brockovich is legally entitled to 1 or 2 percent of the fee of the law firm pockets there is NO valid reason the class plaintiff should receive any less.
rogerkowalksi@yahoo.com
Subject: DUI
From: BK
To: All
Date Posted: 23:34:03 07/18/03 ()
Email Address:
Entered From: at 68.34.170.86
Message:
I need some help.
In June of 2002, I was diagnosed with Bipolar Syndrome which is a mood disorder that apparently I have had for many years. It was quite debilitating at this time last year as I had a severe nervous breakdown with a manic psychotic episode and was admitted to the Hospital Psychiatric Unit. It took several months for me to recover.
Several months prior to my breakdown I encountered problems due to misdiagnosis of my condition and incorrectly prescribed medications. In seeking relief, I found some comfort in self-medicating with alcohol and marijuana for relief of my severe mood swings and this led to 3 DUI convictions in a three month period and a loss of my drivers license for 7 years. The last case, I pleaded guilty to but was not truly guilty (My thinking was clouded by my condition and incorrect medication) I petitioned the court in for post conviction relief but my attempt failed.
At the time I went before the judge in this last case, I was under the influence of the above mentioned improper prescription drugs for my then undiagnosed bipolar syndrome. I had been severely depressed and was incorrectly prescribed several different antidepressants that affected my abilities to reason by my family doctor. He wrote a letter to support this Also, my psychiatrist who has treated me for the bipolar syndrome since last June, wrote a letter to substantiate that these improper drugs affected my abilities to make sound judgments.
Unfortunately approximately 4 weeks prior to the last incident I had self-medicated with marijuana to relieve my extreme unbearable mood swings so there was a trace amount in my blood test but, evidence that I was not “driving under the influence” is in the report of a Toxicolgist who offered his expert statement that there was not sufficient trace residual amounts of marijuana in my blood to have effect on my cognitive skills.
Again, at the time I went before the judge in this case, my thoughts were very clouded by the above mentioned prescribed drugs. I was confused so I was not fully aware of what signing the guilty plea meant. For these reasons that I asked to withdraw my guilty plea. I was not driving under the influence of illegal substances at the time of this incident.
Luckily I am now on a regular prescribed drug regimen that has been effective in treating my condition and am the healthiest that I have been in the last ten years. I never feel the need to drink or smoke marijuana I have been employed as a mechanical assembler since September of 2003 and am fully self-supported. I recently finished my Bachelors Degree in Mechanical Engineering online. .
I have been without it now for almost two years and it has a severe negative impact on my opportunities to advance my career and makes it extremely difficult to accomplish even the most simple chores like grocery shopping. It is also a drain on my father as he is driving me back and forth to work each day.
I am hopeful that someone can help me, give me some advice on avenues that I can take.
Again, I had a lawyer help me file for the post conviction relief but it was dismissed without granting a hearing.
any suggestions
Subject: Re: DUI
From: BK
To: All
Date Posted: 14:58:23 07/20/03 ()
Email Address: knightbsk51180@yahoo.com
Entered From: at 68.34.170.86
Message:
I thought of something else that might make a difference in my case. As I outlined in my first e-mail, I had 3 DUI's all within a few months while taking the wrong type of antidepressants. I served two 48 hour jail sentences and while doing the second one in Chester County jail, I was taken to the Delaware County jail as my third case was still pending and something went wrong with the paperwork. There was a warrant for my arrest so they took me into the Delaware County jail and I went through the lice wash and body search and was put into the jail population. Although initially I plead not guilty to this third offense(as there was no alcohol in my blood just a very low amount of marijauna from several weeks prior) , the police said if I changed my plea to guilty they would not make me serve the jail term. I might also add that I was treated very harshly, like a hardened criminal. The jail time was such a horrific experience that I signed a guilty plea to get out of it. I was not guilty of the third as I mentioned in my first e-mail. This was not a good decision since it added 5 more years suspension to my drivers license.
I was on the verge on a horrifying mental breakdown, a frightening psychotic period of my life and I think you would call this last decision "under duress".
I feel so much in despair over all of this and it has been such a hardship without a drivers license that sometimes I wonder if I can go on with my life.
My attorney has not helped me much at all, has wasted a year in getting to a denial for a new hearing. I just don't know where to turn.
If you can help me I would appreciate it.
: I need some help.
: In June of 2002, I was diagnosed with Bipolar Syndrome which is a mood disorder that apparently I have had for many years. It was quite debilitating at this time last year as I had a severe nervous breakdown with a manic psychotic episode and was admitted to the Hospital Psychiatric Unit. It took several months for me to recover.
: Several months prior to my breakdown I encountered problems due to misdiagnosis of my condition and incorrectly prescribed medications. In seeking relief, I found some comfort in self-medicating with alcohol and marijuana for relief of my severe mood swings and this led to 3 DUI convictions in a three month period and a loss of my drivers license for 7 years. The last case, I pleaded guilty to but was not truly guilty (My thinking was clouded by my condition and incorrect medication) I petitioned the court in for post conviction relief but my attempt failed.
: At the time I went before the judge in this last case, I was under the influence of the above mentioned improper prescription drugs for my then undiagnosed bipolar syndrome. I had been severely depressed and was incorrectly prescribed several different antidepressants that affected my abilities to reason by my family doctor. He wrote a letter to support this Also, my psychiatrist who has treated me for the bipolar syndrome since last June, wrote a letter to substantiate that these improper drugs affected my abilities to make sound judgments.
: Unfortunately approximately 4 weeks prior to the last incident I had self-medicated with marijuana to relieve my extreme unbearable mood swings so there was a trace amount in my blood test but, evidence that I was not “driving under the influence” is in the report of a Toxicolgist who offered his expert statement that there was not sufficient trace residual amounts of marijuana in my blood to have effect on my cognitive skills.
: Again, at the time I went before the judge in this case, my thoughts were very clouded by the above mentioned prescribed drugs. I was confused so I was not fully aware of what signing the guilty plea meant. For these reasons that I asked to withdraw my guilty plea. I was not driving under the influence of illegal substances at the time of this incident.
: Luckily I am now on a regular prescribed drug regimen that has been effective in treating my condition and am the healthiest that I have been in the last ten years. I never feel the need to drink or smoke marijuana I have been employed as a mechanical assembler since September of 2003 and am fully self-supported. I recently finished my Bachelors Degree in Mechanical Engineering online. .
: I have been without it now for almost two years and it has a severe negative impact on my opportunities to advance my career and makes it extremely difficult to accomplish even the most simple chores like grocery shopping. It is also a drain on my father as he is driving me back and forth to work each day.
: I am hopeful that someone can help me, give me some advice on avenues that I can take.
: Again, I had a lawyer help me file for the post conviction relief but it was dismissed without granting a hearing.
: any suggestions
Subject: Re: DUI
From: BK
To: All
Date Posted: 14:55:22 07/20/03 ()
Email Address:
Entered From: at 68.34.170.86
Message:
I thought of something else that might make a difference in my case. As I outlined in my first e-mail, I had 3 DUI's all within a few months while taking the wrong type of antidepressants. I served two 48 hour jail sentences and while doing the second one in Chester County jail, I was taken to the Delaware County jail as my third case was still pending and something went wrong with the paperwork. There was a warrant for my arrest so they took me into the Delaware County jail and I went through the lice wash and body search and was put into the jail population. Although initially I plead not guilty to this third offense(as there was no alcohol in my blood just a very low amount of marijauna from several weeks prior) , the police said if I changed my plea to guilty they would not make me serve the jail term. I might also add that I was treated very harshly, like a hardened criminal. The jail time was such a horrific experience that I signed a guilty plea to get out of it. I was not guilty of the third as I mentioned in my first e-mail. This was not a good decision since it added 5 more years suspension to my drivers license.
I was on the verge on a horrifying mental breakdown, a frightening psychotic period of my life and I think you would call this last decision "under duress".
I feel so much in despair over all of this and it has been such a hardship without a drivers license that sometimes I wonder if I can go on with my life.
My attorney has not helped me much at all, has wasted a year in getting to a denial for a new hearing. I just don't know where to turn.
If you can help me I would appreciate it.
: I need some help.
: In June of 2002, I was diagnosed with Bipolar Syndrome which is a mood disorder that apparently I have had for many years. It was quite debilitating at this time last year as I had a severe nervous breakdown with a manic psychotic episode and was admitted to the Hospital Psychiatric Unit. It took several months for me to recover.
: Several months prior to my breakdown I encountered problems due to misdiagnosis of my condition and incorrectly prescribed medications. In seeking relief, I found some comfort in self-medicating with alcohol and marijuana for relief of my severe mood swings and this led to 3 DUI convictions in a three month period and a loss of my drivers license for 7 years. The last case, I pleaded guilty to but was not truly guilty (My thinking was clouded by my condition and incorrect medication) I petitioned the court in for post conviction relief but my attempt failed.
: At the time I went before the judge in this last case, I was under the influence of the above mentioned improper prescription drugs for my then undiagnosed bipolar syndrome. I had been severely depressed and was incorrectly prescribed several different antidepressants that affected my abilities to reason by my family doctor. He wrote a letter to support this Also, my psychiatrist who has treated me for the bipolar syndrome since last June, wrote a letter to substantiate that these improper drugs affected my abilities to make sound judgments.
: Unfortunately approximately 4 weeks prior to the last incident I had self-medicated with marijuana to relieve my extreme unbearable mood swings so there was a trace amount in my blood test but, evidence that I was not “driving under the influence” is in the report of a Toxicolgist who offered his expert statement that there was not sufficient trace residual amounts of marijuana in my blood to have effect on my cognitive skills.
: Again, at the time I went before the judge in this case, my thoughts were very clouded by the above mentioned prescribed drugs. I was confused so I was not fully aware of what signing the guilty plea meant. For these reasons that I asked to withdraw my guilty plea. I was not driving under the influence of illegal substances at the time of this incident.
: Luckily I am now on a regular prescribed drug regimen that has been effective in treating my condition and am the healthiest that I have been in the last ten years. I never feel the need to drink or smoke marijuana I have been employed as a mechanical assembler since September of 2003 and am fully self-supported. I recently finished my Bachelors Degree in Mechanical Engineering online. .
: I have been without it now for almost two years and it has a severe negative impact on my opportunities to advance my career and makes it extremely difficult to accomplish even the most simple chores like grocery shopping. It is also a drain on my father as he is driving me back and forth to work each day.
: I am hopeful that someone can help me, give me some advice on avenues that I can take.
: Again, I had a lawyer help me file for the post conviction relief but it was dismissed without granting a hearing.
: any suggestions
Subject: Re: FBI fingerprinting
From: rl
To: All
Date Posted: 18:02:16 07/03/03 ()
Email Address: roghlin@mac.com
Entered From: at 67.31.72.152
Message:
: I was arrested several years ago in New York for a misdemeanor and was given an ACD. I am now applying for a teaching job in Florida and they ask if there are any sealed records. According to a Florida statute, school districts are supplied with sealed and expunged records. When I'm fingerprinted by the FBI, will this show up since New York doesn't reveal sealed records? New York does not have such a statute. Any help would be greatly appreciated.
***i am familiar with this because i pled guilty to a violation in NY and my record is sealed via 160.55 of the CPL in NY. Since you got an ACD your record is sealed under 160.50 of the NY CPL.
Normally NY state sends the FBI an expungement order to purge their records of any arrest information when your record gets sealed. But to be on the safe side you may wish to send the FBI a roll of fingerprints so they can check your record. You have to send to their identification unit in Clarksburg, W Va with a fee of $18 I believe. General concensus, however is that when your record is sealed in NY you will no t and should not have a record with the FBI.
However, I have heard more and more these days that sometimes sealed records can be revealed to employers such as child care agencies and banks, school districts, etc but that is only rumor. Normally in NY at least the only time a sealed record can be revealed is during a law enforcement check such for a pistol permit or to work as a police officer or getting arrested.
I have no idea if Fla can request your sealed NY record. It is possible that if this is a law enforcement check then they may be able to obtain the sealed information from NY.
If they ask you about sealings outside of Fla then i would think you would have to say "yes". Law enforcement is authorized to see sealed information.
hope this helps
rl
Subject: Re: Thanks rl ...
From: rl
To: All
Date Posted: 16:29:47 06/20/03 ()
Email Address: roghlin@mac.com
Entered From: at 67.31.27.228
Message:
: Thanks rl. I had already looked up the NY law. As you know however... people are being fingerprinted all over the place. The law says no emploee shall be fingerprinted .. unless you work for a municipality etc... It is silent as to non paid workers (ie. interns) Can you volunteer for prints to be taken? If so, will dcjs process them? I am confused.
***DCJS will reveal criminal history information to the following persons:
The defendant themselves via fingerprints sent to DCJS with the appropriate fee(will show sealed information as well)
Someone who gets arrested and is fingerprinted via the police
Those who want to liscence a firearm or work as a police officer(will show sealed info as well)
Those who work for NY state because NY state is authorized by NY DCJS to fingerprint employees/volunteers
A defendant's record via a court order
Any other agency that has a contract authorization with DCJS to fingerprint others. Includes banks, child care agencies.
If the employer is not authorized by DCJS to fingerprint then they cannot legally fingerprint.
Fingerprint info in NY is not open to the public. it is restriced to agencies that are authorized to do it.
Subject: Please help - do I have a criminal record?
From: hopefullyintheclear
To: All
Date Posted: 22:29:04 05/25/03 ()
Email Address:
Entered From: at 162.83.238.65
Message:
Here's my situation:
Arrested a few years ago for Resisting an Officer. This occurred while on vacation in a state in which I have not (and will not, probably) ever lived. I pled guilty and paid a fine after spending the night in jail.
Last year I contacted a lawyer in that state and had the conviction expunged. Since then I've done the following -
1. Did a records check at the county level of the conviction - came up empty (no records found).
2. Send in my fingerprints to the FBI to get an FBI Identification Record (i.e. "rap sheet"). I just got it back and it said no arrests were found.
Have I covered all of my bases? I'm specifically wondering about medical licensure, where background checks are frequently done. I'd like to be able to say that I have no convictions (which is technically true after the expungement), but if this ever came up on a background check it would be a huge pain.
Finally, I'd like to find out the relationship between the FBI Identification Record and the NCIC - do they contain the same information or are they separate? Specifically, if an organization carries out a computerized NCIC check rather than a fingerprint check through the FBI, is there any chance that the conviction will show up (given that it isn't on my "rap sheet") or do they use the exact same source of information?
Thanks in advance for any help!
Subject: Re: CPI 160.55 - computerized court record databases
From: rl
To: All
Date Posted: 20:56:16 04/25/03 ()
Email Address:
Entered From: at 209.246.85.131
Message:
: Hi,
: I was convicted of a VIOLATION 240.26 - in Manhattan Criminal Court in 1995 and I have just lost another job because these COURT records are on some type of database that can be accessed by "background reporting co's" My case was sealed under 160.55 IS THERE ANYTHING I CAN DO???
: Thanks for any info,
: Regards,
: Sharon
**Hi Sharon. You most likely pled guilty to a violation after being charged with a crime?
The database is known as the Office Of Court Administration(OCA) which is the computer search for court records in 13 counties surrounding NY City.
Since you were convicted of the violation your guilty plea to the violation is in the database when someone does a background search on you. Let me ask you, did you see exactly what info is there? Was it only the charge you pled guilty to or was it also the charges you were arrested on?
The same thing happened to me 7 years ago, I pled guilty to a violation but my employer never knew about it as far as I know. I have been very lucky so far.
Did you lose a job after having a job or did you just not get a job when you were looking for one?
The problem with 160.55 is that it only seals your fingerprints and pictures and DA records but not the court record, Since you were convicted of the violation, the disposition and sentence are public record.
You should know that if you are fingerprinted via NY state DCJS your record should not show up because you were not convicted of a crime but since you were still convicted of something your conviction shows on the court record check.
There is not much you can do other than try to get it expunged but it may involve restoring the case to the docket and being tried on the original charges all over again. And you can end up doing time if you are found guilty. And it can be expensive. Keep in mind that a violation is only a violation and not a crime.
Hope this helps
rl
Subject: Expungement for the Military
From: John
To: All
Date Posted: 01:43:13 03/14/03 ()
Email Address:
Entered From: at 65.56.75.188
Message:
Hello ...
I've read a lot of messages here in regards of cleaning your felony record to join the military. Some people say no, others say it is possible. I've been researching this for about a month now. Talking with a friend that was in the navy, he told me that when he was in boot camp, there were lots of people that were in trouble with the law before. I call a recruiter, they don't even want to talk to me after I tell them about my situation. At the moment I am currently waiting to hear on a couple attorneys that my family has used for awhile.
I am still wanting to hear other peoples' views on it. I was 17yrs, in Michigan, charged for 5 felonies aiding & embedding larsony over $5, then violated it selling controlled substance to undercover police officer. They dropped that cause of the probation violation punishment was much greater. However that charge did show up on a recent background check from a job. I'm 23 now, living in Florida, haven't been in trouble since. I'm not even the same person as before. I did the crime, I did my time. I was 17 when I was arrested, so I was technically a juvenile, but I was charged as an adult.
The bad side of everything is that I can't even get a decent job cause of my past. I had to move back with my mom. My parents are not rich and can not afford to send me through school. I try to get loans and grants, which I do, but it is nowhere near enough to pay for the rest. I thought the military would be my best bet, now I hit another wall. Cleaning my record up would help a lot.
Lets say somehow I do get my record expunged... would the military still consider me a felon so which I can not join? If it does end up happening, I will definately post a message here, nice and clear on what is up.
Thanks for your time,
John
Subject: Good News
From: John
To: All
Date Posted: 13:45:04 04/03/03 ()
Email Address:
Entered From: at 64.154.156.159
Message:
Well I have been researching on getting an expungment to get into the military. After finding a lawyer that is a friend of the family to my grandparents, he was willing to help. He did a search all in the state of Michigan, and every other kind of record search. NOTHING SHOWED UP! If you read my first message you will know that I was definately charged for something.
So I called him and I gave him my case#, social#, and the court appointed lawyer that was there on my sentencing.
He calls me back in about an hour. He did find a record, FINALLY. I knew it wouldn't be that easy, but here is that catch... when I was originally put on probation, It was under the HYTA status. What HYTA does is that if you never got in trouble again, after you are done with probation your record is automatically cleaned. Well in my case I did get in trouble, so it was the HYTA program was cancelled. However, it is not showing up in any record searches. So in other words someone doing the paperwork screwed up and it doesn't show up! So the attorney strongly agrees I can go along with the expungment. He doesn't happen to do that so this is my next mission, finding a lawyer in michigan.
This all happened in Michigan, so I don't know if any other states offer this HYTA probation. But either way, I was convicted for 5 felonies, and there was a screwup in the office. This is my ticket. I believe there is a ticket in every case, you just have to find it.
The only thing I dont understand is that when I did get in trouble again, I violated probation, so they didn't convict me of what I did cause the punishment of the violation was much greater, but that charged just showed up on a job background check about 3 months ago.
Looks like I have to move back to michigan to get this cleared up. I'll post more as I find out.
-John
Subject: Is It Dangerous to Ask FBI to Update?
From: After Dismissal or Expungement
To: All
Date Posted: 05:44:43 02/13/03 ()
Email Address:
Entered From: at 211.123.199.32
Message:
Hello fellow USlawbooks posters,
I was arrested for a misdemeanor crime of moral turpitude and my fingerprints were sent to the FBI.
The charge sounds really bad, and my company would dismiss me on the spot if they heard.
I got a "deferred acceptance of a nolo plea," and then happily the charges were dismissed last December.
Next December I'll be able to apply to have the arrest record itself expunged from the state records. The expungement would take place one and a half years from now.
My question is this -- should I ask the NCIC to update their FBI records
(a) now, namely the charges were "dismissed," or
(b) one and a half years from now, after the arrest record itself is "expunged" from state records, or
(c) both.
My lawyer said (b) after expungement and not (a) after dismissal of the charges.
He said that I shouldn't overly "stir things up" because somehow my company might find out about it.
I work for a securities broker.
They check FBI records, and if I get downsized, I imagine my next employer could be told by the FBI if the arrest record is open with no final disposition.
Any insights will be so appreciated.
I have two children in expensive colleges and I can't sleep at night.
Should which should I do, and why? -- Update now that the charges were dismissed, or update later when the arrest itself is expunged? Help!
Subject: Re: Is It Dangerous to Ask FBI to Update?
From: rl
To: All
Date Posted: 20:42:35 02/14/03 ()
Email Address: roghlin@mac.com
Entered From: at 209.244.103.86
Message:
: Hello fellow USlawbooks posters,
: I was arrested for a misdemeanor crime of moral turpitude and my fingerprints were sent to the FBI.
: The charge sounds really bad, and my company would dismiss me on the spot if they heard.
: I got a "deferred acceptance of a nolo plea," and then happily the charges were dismissed last December.
: Next December I'll be able to apply to have the arrest record itself expunged from the state records. The expungement would take place one and a half years from now.
: My question is this -- should I ask the NCIC to update their FBI records
: (a) now, namely the charges were "dismissed," or
: (b) one and a half years from now, after the arrest record itself is "expunged" from state records, or
: (c) both.
: My lawyer said (b) after expungement and not (a) after dismissal of the charges.
: He said that I shouldn't overly "stir things up" because somehow my company might find out about it.
: I work for a securities broker.
: They check FBI records, and if I get downsized, I imagine my next employer could be told by the FBI if the arrest record is open with no final disposition.
: Any insights will be so appreciated.
: I have two children in expensive colleges and I can't sleep at night.
: Should which should I do, and why? -- Update now that the charges were dismissed, or update later when the arrest itself is expunged? Help!
**I pled guilty to a violation in NY seven years ago. My prints were sent to the FBI but when my case was sealed NY state sent the FBI an order telling them to expunge their files of the arrest. So technically the FBI should not have anyhting on me but since i have never sent my prints in to them to check my record it's possible they may still have my prints on file. They are supposed to comply with all expungement requests from states and usually do but sometimes they just don't. To be sure you need to get fingerprinted and send in your prints to the FBI in Clarksburg, W Va. It will cost you to be printed and the FBI fee is $18. If you have something on file that should have been removed you will need to provide them with a court record and state documentation saying that your record should have been expunged.
Subject: What the arrest record is about? How to read it?
From: anonymous
To: All
Date Posted: 23:27:14 02/12/03 ()
Email Address:
Entered From: at 66.81.125.84
Message:
i have been arrested once 5 yrs ago. They booked, fingerprinted, photographed and then released me three hours later. I asked them why, they said the case was dismissed.
...and now i have an arrest record. My questions are:
1. Can I ask them why my case was dismissed? who? where?
2. how can I get my record expunged?
3. It's good that the case was dismissed. But it's bad that i have a record. I obtained my rap sheet but i had a hard time understanding what it said. It's very crypted, probably only a police officer would understand.
If my potential employers do a background check on me, how would the HR people know what my rap sheet says.
Is it bad to an HR person if i have been arrested but not convicted? how bad is it?
Subject: Re: What the arrest record is about? How to read it?
From: rl
To: All
Date Posted: 20:33:48 02/14/03 ()
Email Address: roghlin@mac.com
Entered From: at 209.244.103.86
Message:
: i have been arrested once 5 yrs ago. They booked, fingerprinted, photographed and then released me three hours later. I asked them why, they said the case was dismissed.
: ...and now i have an arrest record. My questions are:**How do you know you have a record?**
: 1. Can I ask them why my case was dismissed? who? where?**Contact the court that you were involved with. Give them your docket #. Have all info about your case with you. **
: 2. how can I get my record expunged?
: 3. It's good that the case was dismissed. But it's bad that i have a record. I obtained my rap sheet but i had a hard time understanding what it said. It's very crypted, probably only a police officer would understand. **Probably it contains the offense#'s and other info. Contact the agency that you got your rap sheet from**
: If my potential employers do a background check on me, how would the HR people know what my rap sheet says.
: Is it bad to an HR person if i have been arrested but not convicted? how bad is it?
**Find out via a criminal lawyer of the court you were involved with or a public defenders association affiliated with your court exactly if your arrest is public record or not. Find out if fingerprinted for a job if you will have a record and also find out if you will have a criminal court record as well. In NY state such a record would be sealed to all but law enforcement people. Find out if your state will seal this type of record**
Subject: Re: Felony Theft Expungement Illinois-FOID
From: Mark Heller
To: All
Date Posted: 03:28:42 08/09/03 ()
Email Address: mark_heller_niu@yahoo.com
Entered From: at 12.251.133.186
Message:
: I was convicted of felony theft in 1989, and sentenced to two years in the Illinois State Department of Corrections. (Served 9 mon.)
: My Father recently passed away, and he left several rifles to me. Of course, the problem is that I need to register for a FOID card, and cannot qualify due to my felony conviction. I have never been convicted o a violent crime, nor a drug related crime. I was released from parole in 1991, and have not had a felony conviction since.
: My question is, is their any way to have this conviction expunged? Is there any way I can get a Federal firearms ownership ID? I am not a big gun person, but they where my fathers, and I have little else to keep of his.
My story is the same. Non-violent Non-drug related and my father left guns to me when he died. My felony conviction was over 10 years ago. A couple of the guns are famly heirlomes from my grandfather that may or may not even work. Is there anyway I can get a foid card for this. Right now they are in my moms control but I want to know what I can do when she dies. Please e-mail me at mark_heller_niu@yahoo.com if you have any information.
Subject: Re: Open Container Law
From: rl
To: All
Date Posted: 19:39:04 01/10/03 ()
Email Address: roghlin@mac.com
Entered From: at 209.244.180.147
Message:
: Just recently stopped for an open container violation in the state of Ohio. What was suprising to me I was never arrested or booked, but was cited, went to court, pleaded no contest, paid the fine and went about my way. I am preparing to graduate with a degree in Physical Edcuation. Should I worry about this minor misdemeanor? Should I expunge? What will my record say? Thanks! Bill
**I can only speak about how things are done in NY but iIdon't know anything about the laws in Oh.
It's possible you weren't fingerprinted because the offense you were charged/convicted of may have not been a fingerprintable offense. It may only have been a violation and not a misdemeanor(crime). But I'm not certain. You should contact the court to find out about what type of offense it is, or consult a criminal lawyer. You may want to search the laws of Ohio to find out also.
In NY a violation is a non-criminal offense. So if you are arrested for a violation you may or may not be fingerprinted. If you are, the police do it only to check your record with NY state. If you're clean and after you plead guilty and get your conviction, NY state law says your fingerprints have to be destroyed because you do not have a "criminal" record. Same if you are arrested for a crime but plead guilty to a violation--they have to destroy your prints.
Again, I don't know about Ohio but in NY if you are fingerprinted for a non-law enforcement job in NY your record would come back clear because you don't have a "criminal" record. But if a background check is done on the local court level the fact that one was in court, pled guilty to the offense and sentence received is public record. This is because you were guilty of *something*, crime or not, and a conviction is always public record in the court. So it's possible your offense may show up on a background check of the local courts.
Best you can do is check with the places I mentioned above to find out more info.
Hope this helps.
RL
Subject: Felony Expungement in Ohio
From: David Roberts
To: All
Date Posted: 00:34:05 12/29/02 ()
Email Address:
Entered From: at 216.28.66.36
Message:
Hello,
I'm a 21 y/o college student. I have a fifth degree felony of theft of a credit card from one county and two first degree misdemeanors, theft and possession of stolen property, from a another county. Both courts charged me because the actions that took place during my crime happened in two different areas. They did, however, stem out of the same "incident" and occurred in the same week. My lawyer at the time told me that under Ohio law, this is expungable. However, due to the negative experience with his services, I am now developing some doubts about what he had said.
In doing my own research, I see that Ohio does allow for 2 or 3 charges to be expungable as long as they arise from the same incident (also mentioning something about a period of 6 months between acts). What classifies "same incident" and does the fact that my convictions exist between two courts make me ineligible? If I am able to have this expunged, would the event take place in both courts, the court of the higher charge, or what are the possible scenarios?
Thanks to anyone who may reply. This issue is very important to my family and I.
Subject: Re: Expungement, Background Checks and Georgia Law....and NA
From: rl
To: All
Date Posted: 13:17:07 12/26/02 ()
Email Address: roghlin@mac.com
Entered From: at 209.244.103.95
Message:
: Hello... When I was 19 (I am currently 24), I was arrested for a VERY minor fight I had with my father. To make a long story short the final disposition of the case (of simple battery) was no accusation filed and someone in the DAs office told me that NOONE - excluding feds,etc- would ever see this arrest. I work in the securities industry now (graduated from a top school two years ago) and every company performs an "FBI background check" pursuant to the rules of the NASD (National Association of Securities Dealers..i think).
: I filed an expungement kit a few months ago and finally contacted the GBI to follow-up to make sure everything went smoothly. He informed me verbally that my records would be expunged the day before Thanksgiving this year. I am at home for the holidays (where the offense occured) and am going to the courthouse tomorrow to "make sure" everything is destroyed.
: ****Is there anything I should be aware of because I would like to ensure that this doesn't accidentally come up in another background check?? The reason why I am concerned is that my previous employer found out about the arrest and forced me to write explanations of what happened and submit it in writing to them (I feel like they were close to firing me and my new boss treated me very differently after he found out)...It was utterly humiliating to say the least..
: Thanks for your help in advance,
: James
**I am from NY and am familiar with NY laws but not Ga. But I am generally familiar with this process of expungements, though not 100%.
You may want to investigate Ga's criminal procedure laws-ie regarding sealing/expungements. You can find out exactly which statute was applied to your case this way. I have a non-criminal violation on my record. The 'criminal" portion(fingerprints, arrest info)) has been sealed so if I am fingerprinted by NY state there would be a 'no record found". But if someone did a local background check (courts) there would be a record of having been in court and having pled guilty and sentenced (but no arrest info given out).
You mention the dispo was "simple battery with no accusation filed". Does this mean you were convicted of the simple battery but they took the arrest off your record? Things can get tricky. There are at least 2 parts to criminal records, one the arrest charge, the other the court disposition. Were both taken off your record or only one? Do a background check with fingerprints on the state level and send for a background check from the court that you were involved with. This is the only way to know what your record says about your case. DA's office staff sometimes don't even know everything themselves.
My point is, check everything out for sure, don't take anyone's word for it.
Best Regards
RL
Also note that if Ga did not make a practice of sending a sealing order to the FBI your record may still be with the FBI. And if you are fingerprinted by law enforcement for any reason the can see your entire record, sealed/expunged information and all.
Subject: Re: expungement recommendation
From: rl
To: All
Date Posted: 11:09:37 12/21/02 ()
Email Address: roghlin@mac.com
Entered From: at 209.244.176.210
Message:
: as I stated in the last post. Actually, I just checked with the court clerk. It's just that the DA's office sent in the matter to deny the petition --> It needs to be decided by judge again in the hearing. What does it mean? What is it going to be? Anybody knows the law, please help me
: What should I do? I talked with the ADA (assistant district attorney), he said that he cannot give me any advice because it is unethical.
: I spoke with the secretery at DA, she said maybe my petition was not specific enough. I requested to have the arrest and fingerprint sealed/expunged.
: Should I hire the lawyer?
: If it is denied, what is going to show if someone do background check when I applied the job. The criminal part was withdrawn, but the summary offense of DC is "plead guilty".
**This sounds a bit like my situation in NY.
My "criminal" part was withdrawn(sealed) in NY and fingerprints sealed. That means that if I was fingerprinted for a non-law enforcement job in NY, the rap sheet would come back with "no criminal record reported". This was because according to 160.55 of the NY criminal procedure law, the fingerprints are destroyed and all records pertaining to the arrest and prosecution are sealed from the police dept, the state criminal records division and the DA when one pleads guilty to a non-criminal offense. However, since there was still guilt of an offense, the court record still stands open.
Now, if someone did a search of the NY area court records, they would see the fact that I was in court and pled guilty to an offense and the sentence received. But the original charge would be reported as "sealed". So the record kind of appears like a civil one instead of a criminal one.
If you speak to the right people and do some research on Pa statutes, I would bet you would find out exactly what your record will show if you cannot obtain the expungement.
Like I said before, is your DC a "crime" in Pa or just a violation? With a conviction on your record, most likely if someone did a court record search, your record would show that you were in court and pled guilty to DC. Find out if the arrest would appear on that record as well.
Subject: Re: Denied expungement
From: rl
To: All
Date Posted: 21:20:00 12/18/02 ()
Email Address: roghlin@mac.com
Entered From: at 209.244.183.253
Message:
: I was arrested for the retail theft in PA in August 2002. I went to the court in October 2002. I plead guilty for the DC and had "retail theft" withdrawn. Then I talked to the court clerk to have it expunge. I submitted the paperwork to them. Now I just received back from them that it was denied. They said it is because I plead guilty to DC to have the original charge withdrawn.
: 1. What should I do? Can I do anything to expunge this record? I would like to have the arrest record expunged.**I remember months ago reading about a similar DC conviction in Pa, and that Pa was very tough on expunging these records**
: 2. I did wrong only one time. Do I have to have this arrest record for my whole life?**If your original charges were withdrawn, is it posible your arrest charges were taken off your record(sealed)? Mine were in NY so a background check would only show the disposition and sentence but not the original charge. You should be able to find out from the court. **
: 3. If it cannot be expunged. In the future, when I applied for the job, do I need to say that I was convicted for the crime? Or I just say no?**Is DC a 'crime" in Pa? In NY it is only a violation so I would be able to check "no". Again, find out from the court if DC is a crime or violation. If only a violation, you could check "no". **
: 4. Now I am confused. Officer said that DC would not hurt me. But now the arrest record is hurting me. What does it mean? Arrest record will show up anytime I apply to the job or not? Will it show up in background check?**It depends on Pa state statutes. A record like yours in NY would not show up on a fingerprint check but on a local court record check the dispo and sentence would. I don't know about Pa. Since you were convicted of something(DC) I would say it would show up on a check of the court records. Most likely the dispo and sentence would show. I don't know about the arrest. Pa statutes should help you as well as finding out from the court. **
Subject: Suspended Liscence in IL?
From: Nathan in IL
To: All
Date Posted: 16:54:49 12/05/02 ()
Email Address:
Entered From: at 207.246.179.188
Message:
On my 21st birthday I went to renew my liscnece, and I was told they couldnt do it. They cheked it out and found my liscnece was suspended. I was a little surprised. I have gotten 2 speeding tickets in the past 5 years, that happend to be 19 months apart, and 2 month before my 21st birthday. At the time I was at the DMV I had allready been on suspenshion for a few days. So Obviously I got whatever legal advice I could get (for free I'm college student). I spoke to my schools paralegal and she told me I could attempt to vacate a previous ticket that i had gotten a month and a half ago. but I needed to contact and attorney in the city I got the Citation. So.. I spoke with an attourney he said he could make a motion and that I had a decent chance of getting it vacted and getting court supervisoin. Time that would take.. about a month. So.. What about a provisional liscence? Time to get 1-2 months. I never recived a notice due to military, school and change of adresses, and the state refused to send me one when I asked and said I needed to fill out some paperwork to and pay for it. Time for that 2 weeks minumim. Thats not gonna fly for me. There is no reasonable circumstance i can obide by my suspenshion. I drive for the military national guard.. which without doing, I will loose tuition and gi bill. I live 300 miles away from my school, which I will be leaving for break on. Also I must attend military drill, and functions, including driving which requres an IL liscence. All within the minimum 1 month it would take to make any progress. Drill for me is 160 miles away from school and home.. right in the middle. I have two things on my record.. one ticket for 10-14 over one for 11-15 over. Thats it. not drinking no parking no nothing. Spaced at a year and a half. So now i am being told if I serve my country which i am requred by law, and by practical nature in order to allow me to get a public education, I will be arrested and fined up to $25,000 and spend up to a year in jail. My decision up to this point is to continue with no action. I refuse to spend $400 to get an ticket vacted and not drive for the minimum 1 month while it is taken care of. After the ticket is taken care of I will have served half of my suspenshion. I have military awards and certificates for safe driving, i have never been in an accident or broken any other laws. My question is, what happens if I get pulled over during my suspenshion? Is there a hardship plea where i could contest that the suspenshion was impossible for me to abide by? if not? What would a predicted outcome of me being arrested for driving while suspended be? If I could I would do 40 years of Community service to allow me to continue living my life as a student, and serving my country. But apparently i could be put in prison for two speeding tickets. Addional suspenshion would not allow me to live a life even similar to what I am accustomed. I could not offord school, I would be an unessesary burden on friends and family, and Most likely have a bit of trouble findign a job I can walk to. How is it possible that I can be put in jail and my life, finacial status, and criminal record be destroyed? What can I do? Now, and when and if I get pulled over for driving while undersuspenshion?
My thanks for offering any openions and sugestions to my situation
Subject: Re: Suspended Liscence in IL?
From: rl
To: All
Date Posted: 17:23:39 12/05/02 ()
Email Address: roghlin@mac.com
Entered From: at 209.246.81.211
Message:
: On my 21st birthday I went to renew my liscnece, and I was told they couldnt do it. They cheked it out and found my liscnece was suspended. I was a little surprised. I have gotten 2 speeding tickets in the past 5 years, that happend to be 19 months apart, and 2 month before my 21st birthday. At the time I was at the DMV I had allready been on suspenshion for a few days. So Obviously I got whatever legal advice I could get (for free I'm college student). I spoke to my schools paralegal and she told me I could attempt to vacate a previous ticket that i had gotten a month and a half ago. but I needed to contact and attorney in the city I got the Citation. So.. I spoke with an attourney he said he could make a motion and that I had a decent chance of getting it vacted and getting court supervisoin. Time that would take.. about a month. So.. What about a provisional liscence? Time to get 1-2 months. I never recived a notice due to military, school and change of adresses, and the state refused to send me one when I asked and said I needed to fill out some paperwork to and pay for it. Time for that 2 weeks minumim. Thats not gonna fly for me. There is no reasonable circumstance i can obide by my suspenshion. I drive for the military national guard.. which without doing, I will loose tuition and gi bill. I live 300 miles away from my school, which I will be leaving for break on. Also I must attend military drill, and functions, including driving which requres an IL liscence. All within the minimum 1 month it would take to make any progress. Drill for me is 160 miles away from school and home.. right in the middle. I have two things on my record.. one ticket for 10-14 over one for 11-15 over. Thats it. not drinking no parking no nothing. Spaced at a year and a half. So now i am being told if I serve my country which i am requred by law, and by practical nature in order to allow me to get a public education, I will be arrested and fined up to $25,000 and spend up to a year in jail. My decision up to this point is to continue with no action. I refuse to spend $400 to get an ticket vacted and not drive for the minimum 1 month while it is taken care of. After the ticket is taken care of I will have served half of my suspenshion. I have military awards and certificates for safe driving, i have never been in an accident or broken any other laws. My question is, what happens if I get pulled over during my suspenshion? Is there a hardship plea where i could contest that the suspenshion was impossible for me to abide by? if not? What would a predicted outcome of me being arrested for driving while suspended be? If I could I would do 40 years of Community service to allow me to continue living my life as a student, and serving my country. But apparently i could be put in prison for two speeding tickets. Addional suspenshion would not allow me to live a life even similar to what I am accustomed. I could not offord school, I would be an unessesary burden on friends and family, and Most likely have a bit of trouble findign a job I can walk to. How is it possible that I can be put in jail and my life, finacial status, and criminal record be destroyed? What can I do? Now, and when and if I get pulled over for driving while undersuspenshion?
: My thanks for offering any openions and sugestions to my situation
**I see the bottom line as being that you might have a criminal record for driving with a suspended liscence. You mention many other events thay may happen, should you be honest, should you wait, etc but all you have is a bad driving/criminal record for driving with a suspended liscence.
I think you should be honest in your applications. Although these kinds of driving offenses are serious ones, they are nothing compared to DWI/manslaughter and other felonies. You will probably pay sky high premiums for insurance when you get your liscence back but in terms of the criminal offense a driving offense like yours is probably seen as less serious than other crimes.
Don't lie about anything. it will just make your record worse.
If you get caught driving without insurance again, you could face another arrest/conviction.
Subject: Re: Original Offenses and Final Offenses
From: rl
To: All
Date Posted: 16:59:40 11/18/02 ()
Email Address: roghlin@mac.com
Entered From: at 64.154.77.73
Message:
: : Just received Certificate of Disposition from NYC court, which showed both original offenses and final offenese. My question is what's difference between original offenses and final offenses? Do people or government orgs or employer etc look at the final offenese and/or originals? Was charged for Grand Laceny for extortion, stalking and aggravated harassment 2nd degree, but pleaded guilty to attempted aggravated harassment 2nd degree after pushed by public attorney... and with conditional discharge. What's difference between the attempted aggravated harassement and aggravated harassment? With that kind of final disposition of attempted AH 2nd degree and conditional discharge, am I an aggravated felon? Thanks a lot!
: **Go online to the NY state assembly NY state consolidated laws. Click on penal laws and go to the chapter where it tells you all the offenses. if you have the offense# it will help. At the bottom of the description of the offense it will tell you the offense level(felony class, misdemeanor class, violation).
: Original offense is the arrest charges; final offense is the disposition charges(pled guilty, found guilty).If your dispo charge was a crime(felony or misd) an employer most likely would see both charges; if only a violation an employer might see only the dispo charge(what you pled guilty to) and the arrest might be sealed.).
**I was able to go through the NY state penal laws. Things can get a bit tricky. The "attempted" crimes are under section 110 of the penal laws; the crimes of AH in the second degree are under section 240 of the penal laws. it seems that your final dispo/conviction of attempted AH in the 2nd degree is a misdemeanor, either a B or an A(but check with a lawyer first just to be sure). The difference of attempted seems to be maybe between a level A or B misd("attempted" is somewhat less serious than doing the crime itself).
If your conviction was only a misd then technically you are not a convicted felon but have a criminal record due to a misd.
I would imagine that an employer fingerprinting you would see both arraignment and dispo charges and that anyone doing a court background check would see both charges as well.
Check this out with a lawyer or with the court to confirm.
RL
:
Subject: Re: Original Offenses and Final Offenses
From: Mike
To: All
Date Posted: 17:37:06 11/18/02 ()
Email Address:
Entered From: at 216.27.146.224
Message:
Thanks RL, you are absolutely right! It was PL110 and 240. As I recall when appearing at the court, my public attorney kept saying Mis B... I couldn't understand why I was charged with PL110/240 (it says Mis A) Mis B at that time. So the judge, DA and public attorney must have played with the charge(s) to make a little bit difference in terms of seriousness.
I really think the final dispo is the most important thing to look at no matter what ppl was found guilty or pleaed guilty. We can of course be charged for anything at the very first time and if there is no ground for those charges, then they have to be dropped whatsoever. Don't if you would share this with me?
: : : Just received Certificate of Disposition from NYC court, which showed both original offenses and final offenese. My question is what's difference between original offenses and final offenses? Do people or government orgs or employer etc look at the final offenese and/or originals? Was charged for Grand Laceny for extortion, stalking and aggravated harassment 2nd degree, but pleaded guilty to attempted aggravated harassment 2nd degree after pushed by public attorney... and with conditional discharge. What's difference between the attempted aggravated harassement and aggravated harassment? With that kind of final disposition of attempted AH 2nd degree and conditional discharge, am I an aggravated felon? Thanks a lot!
: : **Go online to the NY state assembly NY state consolidated laws. Click on penal laws and go to the chapter where it tells you all the offenses. if you have the offense# it will help. At the bottom of the description of the offense it will tell you the offense level(felony class, misdemeanor class, violation).
: : Original offense is the arrest charges; final offense is the disposition charges(pled guilty, found guilty).If your dispo charge was a crime(felony or misd) an employer most likely would see both charges; if only a violation an employer might see only the dispo charge(what you pled guilty to) and the arrest might be sealed.).
: **I was able to go through the NY state penal laws. Things can get a bit tricky. The "attempted" crimes are under section 110 of the penal laws; the crimes of AH in the second degree are under section 240 of the penal laws. it seems that your final dispo/conviction of attempted AH in the 2nd degree is a misdemeanor, either a B or an A(but check with a lawyer first just to be sure). The difference of attempted seems to be maybe between a level A or B misd("attempted" is somewhat less serious than doing the crime itself).
: If your conviction was only a misd then technically you are not a convicted felon but have a criminal record due to a misd.
: I would imagine that an employer fingerprinting you would see both arraignment and dispo charges and that anyone doing a court background check would see both charges as well.
: Check this out with a lawyer or with the court to confirm.
: RL
: :
Subject: Re: Original Offenses and Final Offenses
From: rl
To: All
Date Posted: 19:28:46 11/18/02 ()
Email Address: roghlin@mac.com
Entered From: at 64.154.77.73
Message:
: Thanks RL, you are absolutely right! It was PL110 and 240. As I recall when appearing at the court, my public attorney kept saying Mis B... I couldn't understand why I was charged with PL110/240 (it says Mis A) Mis B at that time. So the judge, DA and public attorney must have played with the charge(s) to make a little bit difference in terms of seriousness.
: I really think the final dispo is the most important thing to look at no matter what ppl was found guilty or pleaed guilty. We can of course be charged for anything at the very first time and if there is no ground for those charges, then they have to be dropped whatsoever. Don't if you would share this with me?**I'm not certain but I think a criminal report still shows the arrest charges if one was convicted of a crime; it's when one has pled guilty to a violation from a crime(or had an ACD or an acquittal or dismissal) where the arrest is sealed. You may want to check this out with the court.**
: : : : Just received Certificate of Disposition from NYC court, which showed both original offenses and final offenese. My question is what's difference between original offenses and final offenses? Do people or government orgs or employer etc look at the final offenese and/or originals? Was charged for Grand Laceny for extortion, stalking and aggravated harassment 2nd degree, but pleaded guilty to attempted aggravated harassment 2nd degree after pushed by public attorney... and with conditional discharge. What's difference between the attempted aggravated harassement and aggravated harassment? With that kind of final disposition of attempted AH 2nd degree and conditional discharge, am I an aggravated felon? Thanks a lot!
: : : **Go online to the NY state assembly NY state consolidated laws. Click on penal laws and go to the chapter where it tells you all the offenses. if you have the offense# it will help. At the bottom of the description of the offense it will tell you the offense level(felony class, misdemeanor class, violation).
: : : Original offense is the arrest charges; final offense is the disposition charges(pled guilty, found guilty).If your dispo charge was a crime(felony or misd) an employer most likely would see both charges; if only a violation an employer might see only the dispo charge(what you pled guilty to) and the arrest might be sealed.).
: : **I was able to go through the NY state penal laws. Things can get a bit tricky. The "attempted" crimes are under section 110 of the penal laws; the crimes of AH in the second degree are under section 240 of the penal laws. it seems that your final dispo/conviction of attempted AH in the 2nd degree is a misdemeanor, either a B or an A(but check with a lawyer first just to be sure). The difference of attempted seems to be maybe between a level A or B misd("attempted" is somewhat less serious than doing the crime itself).
: : If your conviction was only a misd then technically you are not a convicted felon but have a criminal record due to a misd.
: : I would imagine that an employer fingerprinting you would see both arraignment and dispo charges and that anyone doing a court background check would see both charges as well.
: : Check this out with a lawyer or with the court to confirm.
: : RL
: : :
Subject: Arrest record even the charge withdrawn !!!
From: jessica_pa
To: All
Date Posted: 18:07:28 11/11/02 ()
Email Address:
Entered From: at 209.71.38.141
Message:
I wen to the court and ask for plea guilty for DC. Eventually, they withdrew the charge. I plead guilty for DC instead and pay the fine. Now I had some problem. Because while, I was waiting for all this to resolve. I also applied to Medicine Board at Florida. It turned out that they check my fingerprints and found the arrest record !!!
What should I do ???
1. How much do they know about this ??? Why do they find it, it was not final, yet --> Why did it show up ???
2. With the notice from the court showed that they withdrew the charge --> That means I can say that I was not guilty, right --> Arrest record is mis-understanding ???
3. Will the DC summary offense (violation) showed up in the criminal background check ???
4. I do need to expunge the arrest record, right ??? Even it was withdrawn --> I heard from court clerk.
Please let me know. Help me think please
Subject: Re: Arrest record even the charge withdrawn !!!
From: rl
To: All
Date Posted: 20:13:00 11/19/02 ()
Email Address: roghlin@mac.com
Entered From: at 64.154.76.54
Message:
: I wen to the court and ask for plea guilty for DC. Eventually, they withdrew the charge. I plead guilty for DC instead and pay the fine. Now I had some problem. Because while, I was waiting for all this to resolve. I also applied to Medicine Board at Florida. It turned out that they check my fingerprints and found the arrest record !!!
: What should I do ???
: 1. How much do they know about this ??? Why do they find it, it was not final, yet --> Why did it show up ???
: 2. With the notice from the court showed that they withdrew the charge --> That means I can say that I was not guilty, right --> Arrest record is mis-understanding ???
: 3. Will the DC summary offense (violation) showed up in the criminal background check ???
: 4. I do need to expunge the arrest record, right ??? Even it was withdrawn --> I heard from court clerk.
: Please let me know. Help me think please
**It seems that Beth the other poster understands this stuff pretty well.
It is up to the state statutes as to whether the info is sealed or not. Is DC a violation in that state whatever it is?Or is it a crime? Also, if the medicine Board check is done through a law enforcement agency the info will show up, sealed or not, since law enforcement can see everything.
In NY a plea to DC is considered a violation. It does not show up on a NY DOJ criminal records check but it does on a local court check.
It seems that the statute in that state may not allow for sealing of that record. Contact the court and ask if the DC offense is public record or not.
Subject: Re: Arrest record even the charge withdrawn !!!
From: Beth
To: All
Date Posted: 15:40:07 11/16/02 ()
Email Address:
Entered From: at 63.16.45.56
Message:
1. They probably know everything, the arrest, what the arrest charge was for, maybe your plea of guilty in court, even though the charges were withdrawn. But since they were withdrawn, they could see it as dismissed, although they may interpret this as expunged. They found it, cause the system is pretty fast, anything that happens in the law goes on record, they don't have to wait around for the final outcome to put it on record, that's why they found it right away. I know, I had a lawyer do a background check on me and they found everything.
2. I don't think you can say that you were not guilty, since you did plead guilty, and plus if you are applying for a job that is considered a gov't job, you have to tell them about every arrest, because they will find it, I believe whether it is expunged or not.
3. I believe it will show up on a criminal background check, especially if they go to the county court, or DOJ office, they will most likely find the arrest information as well.
4. You may want to talk to a lawyer about a possible expungement, even though you think everything was withdrawn, the record still exists. I am in the process of getting my record expunged right now, and I will post further information to let you know if this is a worthwhile choice for you or not. But do some research in the DC area, all states have different ways of doing things. Good luck!