Passed Background Checks... No FTA Warrant?? :confused:

[ComicsGn]

Residing in California.

I was charged with DWI (misd), AUO (felony), and possession of a forged document in NY. I then took a plea agreement but ultimately decided to turn it down. The Judge wasn't exactly thrilled and changed the agreement to include at least 3+ months of prison time. I opted to leave the state prior to sentencing and moved to CA. I've had multiple background checks completed by various employers (including one for a tutoring position that combed my records for over 30 days!!). As of this time (nearly 9 months later) I have passed every background check with flying colors. Nothing has come up. My question is... what does this mean? Are my charges just so minor that they aren't listed nationwide? Not in the NCIC database? I've even been pulled over for speeding and didn't have a problem! Did I just luck out or what's the deal here? Any insights would be greatly appreciated.

Please note that I have every intention of facing the charges in time, but there was no chance that I was going to accept jail time for my ridiculous alleged crimes especially when I had zero prior convictions. I'd go into detail about my case, how the evidence is circumstantial at best, etc. but it's too long a story to delve into here (not to mention irrelevant).

Thank you in advance.

 

[Ohiogal]

Residing in California.

I was charged with DWI (misd), AUO (felony), and possession of a forged document in NY. I then took a plea agreement but ultimately decided to turn it down. The Judge wasn't exactly thrilled and changed the agreement to include at least 3+ months of prison time. I opted to leave the state prior to sentencing and moved to CA. I've had multiple background checks completed by various employers (including one for a tutoring position that combed my records for over 30 days!!). As of this time (nearly 9 months later) I have passed every background check with flying colors. Nothing has come up. My question is... what does this mean? Are my charges just so minor that they aren't listed nationwide? Not in the NCIC database? I've even been pulled over for speeding and didn't have a problem! Did I just luck out or what's the deal here? Any insights would be greatly appreciated.

Please note that I have every intention of facing the charges in time, but there was no chance that I was going to accept jail time for my ridiculous alleged crimes especially when I had zero prior convictions. I'd go into detail about my case, how the evidence is circumstantial at best, etc. but it's too long a story to delve into here (not to mention irrelevant).

Thank you in advance.

Doesn't matter what you think. If you were convicted, then you are a criminal. WHEN it is found out, YOU WILL be fired. That is pretty much a guarantee. Facing the charges in time? REally? Expect to be sentenced harshly then. Why? Because a plea deal is RECOMMENDATIONS. It is not binding upon the judge. Hopefully your time in prison will do you some good with an attitude adjustment. You were going to be a tutor? Hopefully not for children because you have a supreme lack of character.

 

[ComicsGn]

Doesn't matter what you think. If you were convicted, then you are a criminal. WHEN it is found out, YOU WILL be fired. That is pretty much a guarantee. Facing the charges in time? REally? Expect to be sentenced harshly then. Why? Because a plea deal is RECOMMENDATIONS. It is not binding upon the judge. Hopefully your time in prison will do you some good with an attitude adjustment. You were going to be a tutor? Hopefully not for children because you have a supreme lack of character.

I am asking a legal question, not one regarding morality or ethics. Please answer accordingly or not at all.

 

[Ohiogal]

I am asking a legal question, not one regarding morality or ethics. Please answer accordingly or not at all.

You don't get to dictate. I answered legally. Ethics and morality figure into it quite frankly.

 

[swalsh411]

I am asking a legal question, not one regarding morality or ethics. Please answer accordingly or not at all.

If you only want legal advice, pay an attorney. You won't find any sympathy here for people who thumb their noses at the law and run away from their problems. You are fugitive and will be until you grow a spine and deal with it.

 

[HighwayMan]

I was charged with DWI (misd), AUO (felony), and possession of a forged document
Are my charges just so minor that they aren't listed nationwide?

Criminal Possession of a Forged Instrument (if it was a license then it's a D felony), DWI, and felony AUO are not minor charges.

Some courts are SLOW drawing up the warrants and sending them out to the arresting agency for entry. It will catch up to you eventually - and it will probably be at the worst possible time.

Not in the NCIC database? I've even been pulled over for speeding and didn't have a problem!

Don't assume you got file checked. It doesn't necessarily happen with every traffic stop.

Please note that I have every intention of facing the charges in time...

Brilliant. So you think it'll be better when you do face them after you ran away? Expect additional charges, very high (if any) bail, and certain jail time since your additional crimes are not ridiculous even if it was agreed that the original ones were.

there was no chance that I was going to accept jail time for my ridiculous alleged crimes

That's what trials are for. Seems like you didn't get to have one since you were given a plea deal and then ran away.

I'd go into detail about my case, how the evidence is circumstantial at best...

There's nothing circumstantial about FELONY AUO or the CPFI.

 

[You Are Guilty]

For a variety of reasons, it can take some time for your information to make its way "into the system", but rest assured, it almost certainly will. (Try reading through this forum for all the posts by people saying "Just got fired for 1/5/10 year old charges, is that legal"? --- It is.)

I'm also told the anxiety that results from not knowing exactly when the axe will fall is rather unpleasant as well.

 

[dave33]

Residing in California.

I was charged with DWI (misd), AUO (felony), and possession of a forged document in NY. I then took a plea agreement but ultimately decided to turn it down. The Judge wasn't exactly thrilled and changed the agreement to include at least 3+ months of prison time. I opted to leave the state prior to sentencing and moved to CA. I've had multiple background checks completed by various employers (including one for a tutoring position that combed my records for over 30 days!!). As of this time (nearly 9 months later) I have passed every background check with flying colors. Nothing has come up. My question is... what does this mean? Are my charges just so minor that they aren't listed nationwide? Not in the NCIC database? I've even been pulled over for speeding and didn't have a problem! Did I just luck out or what's the deal here? Any insights would be greatly appreciated.

Please note that I have every intention of facing the charges in time, but there was no chance that I was going to accept jail time for my ridiculous alleged crimes especially when I had zero prior convictions. I'd go into detail about my case, how the evidence is circumstantial at best, etc. but it's too long a story to delve into here (not to mention irrelevant).

Thank you in advance.

What you posted is a little confusing. Did you reach a plea deal?

Also, since the charges are not coming up, than try to have any backround checks done now.

You've gotten lucky. After you are hired it is unlikely your employer will do another check. As I said above,
try to secure the job now, before the issue appears on your record. goodluck.

 

[HighwayMan]

What you posted is a little confusing. Did you reach a plea deal?

He made it very clear - he was offered a plea, accepted it, then changed his mind. The judge then offered another, harsher one. Rather than go to trial he left the state.

Also, since the charges are not coming up...

What does THAT mean?

You've gotten lucky. After you are hired it is unlikely your employer will do another check.

Yes, until he gets locked up on multiple warrants.

 

[CavemanLawyer]

When warrant information is entered it can be designated for all states, local state, or local plus surrounding states. Also different states have dramatically different ways of reporting information to their local databases and to NCIC. If you've ever looked at an individual's NCIC that has alot of history from different states you will see that for some state's their information is consistently filled with holes.

You couple this with the fact that privately run background checking organizations have varying amount of resources and you can see how there could be a warrant, even a felony warrant, out for you in another state and yet it wouldn't show up on a privately run background check. Depending on how the warrant was entered it also might not even show up during a local or NCIC check during a traffic stop.

If you really want to know the status of this charge and/or warrant then you need to contact the entities that actually maintain that information. Contact the district and/or county courts out of which the cases were filed and request any disposition records. Warrants can last forever but a prosecutor's patience may not. It is not uncommon for a prosecutor to dismiss a fugitive case after so many years rather than let it continue to clog the court's docket. It is possible that the case was dismissed and you can get a copy of that dismissal from the clerk's office for a fee. If the clerk's office shows that the case is still pending you can contact the warrant division for whatever entity handles that in the issuing state for that jurisdiction. I can't speak for any given agency but my experience is that they are willing to confirm the existence of a warrant in the hopes that the person will come face the charges and get rid of it.

 

[dave33]

He made it very clear - he was offered a plea, accepted it, then changed his mind. The judge then offered another, harsher one. Rather than go to trial he left the state.



What does THAT mean?



Yes, until he gets locked up on multiple warrants.

1. A simple "no" would have cleared that up, but I guess we all have are way of expressing ourselves.

2.Before any convictions, "try and have any backround checks done now".

3.Speculation, he cannot even find a warrant.