Legal Question

sykotick

Member
I have an odd question if anyone can answer it. I am about to start school for Computer Forensics and I need to pass a background check. Now 4 years ago I had a run-in with the 5-0. I was arrested (I never stepped foot in prison). I was sentenced to probation w/o verdict. I was told that when I completed my probation and paid my fees my record would be clear. Anyone know a way I can check this, other than running a background check on myself? Could I call the court? Anyone work in HR and has to do them for his/her job and could run mine for free?!

Thanks for any help I get.
 
I am no lawyer, but the way that I understand it is if you were never formally convicted in a court, then you should be clear. Since you were not convicted, and did not violate your parole, my guess is you are good... Again, this is just a guess though.

My question to you is what difference does it make? You will still have to take the background check either way, right? If you do find out on your own that something is going to show up, how does this benefit you? I guess what I am saying is that I would play dumb unless something does come up, and at that point, tell your story. No need to raise flags before you even fail the check, right?
 
^^yeah, if it's cleared...it's CLEARED. Only uber-background checks will show there was an incedent, and because it was cleared they could not hold it against you anyway. Plus, everybody already knows you used to sell crack, and we're cool with it.
 
CommieSpeed said:
^^yeah, if it's cleared...it's CLEARED. Only uber-background checks will show there was an incedent, and because it was cleared they could not hold it against you anyway. Plus, everybody already knows you used to sell crack, and we're cool with it.

Speaking of which - where's ma change?
 
pdhaudio83 said:
its automatically cleared by the records department. you're fine.

Not neccesarily.

sykotick, how old were you when this happened?

If you went on probation, something went down on your record. It will be found easily by a background check done by any form of law enforcement agency.

You need to follow up with the court and see what happened with it. You have to be proactive with stuff like this because it is rarely automatically cleared.

Your best bet for a background investigation is to be completely honest. Even if it is removed from your record, tell your potential employer about it.

A background isn't all about being a goody goody. It is about being honest about stuff you ahve done and been caught for, and not caught for. Honesty is what a background is all about. Not being an angel...

Now if it was a felony, that's a whole nother issue.
 
Last edited by a moderator:
sykotick said:
I have an odd question if anyone can answer it. I am about to start school for Computer Forensics and I need to pass a background check. Now 4 years ago I had a run-in with the 5-0. I was arrested (I never stepped foot in prison). I was sentenced to probation w/o verdict. I was told that when I completed my probation and paid my fees my record would be clear. Anyone know a way I can check this, other than running a background check on myself? Could I call the court? Anyone work in HR and has to do them for his/her job and could run mine for free?!

Thanks for any help I get.

If you were arrested there is an arrest record. That never goes away regardless of what happens in court.

There had to be a verdict entered in order for you to get probation.
 
I realized on my way home that I didn't completely answer this.

There are a few things I should have clarified a little better so that you know what will be found and by whom sykotick.

So first is the "arrest" thing. If you were taken down to the PD and "booked", then will be an arrest record on the system. If you were cuffed or what not pending the issue of a summons to court, then there should not be any kind of arrest record.

Next, it sounds liek you received a deffered sentence. In other words, a plea of guilty is entered for the charge, however your jail sentence is deffered pending successful completion of your probation.

If you were to have gotten in trouble again during your probation, you would have been sent to prison for the original thing and then you would have to go to trial for whatever else happened. But, you made through probation just fine, so no prison time.

That is typically what happens. If you went to court you had to enter some sort of plea, and the deffered sentencing was a part of the plea bargain. This will be on your criminal record.

Now, we come to the part about your original question. There are tow ways for your criminal record to be dealt with as a part of your plea bargain.

First, your record could be sealed. If you record was sealed, then any law enforcement agency doing a background will find out. However, your basic civilian employer will not. If the offense happened after you turned 18, then this is most likely what the court planne don doing. However, they might not have and it is up to you to follow up on it.

The second thing that can happen is your record could be expunged. What that means is whatever the offense was, it is gone. No one will know. Typically, if the offense occurred before you were 18, then this is what can happen. But that depends on the crime, and the circumstances. Most likely, if the crime happened after you turned 18, they will not expunge your record, they can seal it.

You have to have sufficient cause for your record to be sealed or expunged and even if it was a part of the deal, it is up to you to find out what has happened and understand what that means in your future job search.

I hope that is a better explanation of what typically happens. Of course, your deal could be different, but most of the time that is what happens.

Any more questions?
 
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