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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 02-12-2008, 11:18 PM
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Worried about Background Checks, Arrest Record -questions in DC


What is the name of your state? Washington, DC

About 4 years ago, I was arrested for shoplifting. Since it was a first offense, the public defender got me into a diversion program and I did community service, which I successfully completed.

I have been worried about the long-term implications of having an arrest record. When I tried to ask the public defender about it, she said that I shouldn't worry about it and that there was no way to seal or expunge (I'm not sure which term is correct here) the arrest record. She also said that I could go to the police department and ask them to do some kind of record search (not sure what it's called) and also to the Clerk of the Court's office (actually to do that first), but she (the public defender/attorney) didn't believe that anything would turn up. She also said that by asking questions at the Clerk of the Court's office, I might be opening a can of worms and looking for trouble. Honestly, I don't trust this public defender's advice as even in my direct dealings with her when I had my problem, she was always in a hurry and seemed to make light of the whole situation. Later, I had a hard time gettting a hold of her and getting straight answers to my questions.


I also called the Clerk of the Court to know the disposition of the case and I was told that it was "nullied".

In recent years, I haven't applied to any companies who have asked questions about my arrest record or whether or not I had ever been convicted of a crime. However, I am thinking about applying to several companies which I believe may ask these things and/or may also conduct a background check. So,here are my questions:

1. Can an arrest record for an adult in Washington, DC be sealed? If so, what is the procedure?
2. Would I be correct in saying that I have never been convicted of a crime, or is participation in a diversion program considered a conviction?
3. What exactly does "nullied" mean (concerning the disposition)?
4. Should I go to both the Clerk's office of the Court's criminal division and then the police department (not sure which one - I think it's the main police dept located near the DC courthouse) and do some kind of record check on myself?

Thanks in advance for your advice. I do appreciate it.What is the name of your state?
  #2  
Old 02-13-2008, 09:50 PM
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what type of jobs are you looking at


Man this is a lot more involved than I can explain, simply put, your record will always follow you. It would depend on if the background check is a 19.95 internet one. Or one done by say a retired Fbi special agent. Are these jobs going to intail polygraph tests, are they going to call your refererences in for interviews? A detailed background check reveals everything, and I mean everything, and are very expensive.
I agree with the Public pretender that you should not go opening a new can of worms. Poking around here and there. You are going to cause more trouble than it is worth. If you lie on a job application, that is grounds for being terminated. Having said that, I would not mention anything about shoplifting, or diverstion programs. Stop picking at an old scab, and let it heal.
  #3  
Old 02-13-2008, 10:11 PM
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Be truthful


Answer all questions truthfully. Be sure to read carefully when asked so you answer only the question with giving up too much. If asked if you have had any arrest see if they list a time like 2 years! If so you answer no. Many employers overlook issues like this as bad choice
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  #4  
Old 02-13-2008, 10:46 PM
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Re: responses


Thanks for trying to answer my questions. I appreciate your effort. Of course, I'll be truthful. I still would appreciate if there is anyone out there who can take a look at some of my specific questions (perhaps someone who either has done this himself/herself) or anyone that might have an idea about what I'm asking. Thanks.
  #5  
Old 02-13-2008, 10:51 PM
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Smile

To as234 - "Public Pretender" - LOL!


Just wanted to say that the lady I dealt with really was a "public pretender". Seemed like she was trying to milk the gov't or system. Would hardly answer any of my questions, which is why I still have some important ones years later.

Anyway, I like the name - "public pretender" (LOL!).
  #6  
Old 02-14-2008, 06:31 AM
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Quote:
Originally Posted by Gigi007 View Post
Just wanted to say that the lady I dealt with really was a "public pretender". Seemed like she was trying to milk the gov't or system. Would hardly answer any of my questions, which is why I still have some important ones years later.

Anyway, I like the name - "public pretender" (LOL!).
Yeah well don't expect help from any attorneys on here as we have great respect for public defenders.
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  #7  
Old 02-14-2008, 11:54 AM
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To "Ohiogal" - Please read my Original Post


Yeah, well it is not a matter of respect. It is more a question of being professional and answering client's questions and not ignoring or dismissing them. This is what was done to me and why I'm still looking for answers. I actually got some good information in this same forum in response to my other post regarding this situation, but am still seeking more information. If you read my original post, you might see what I'm talking about.

Constructive suggestions and advice are most welcome. Thanks.
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