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  1. #1
    searchosaurus is offline Junior Member
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    Can't find job due to misdemeanor. What can I do, rights?

    What is the name of your state?
    Virginia.

    I am in desparate straights. I cannot find a job, not even at temp agencies or supermarkets. This level 1 misdemeanor "false report" from 2003, in Fairfax county, is making my chance to find a good career impossible.

    What can I do?

    Are there any job fields, like science or others, where they won't care about my background misdemeanor?

    Can I get my record expunged or erazed by pleading mercy to court saying of undue hardships to get a job?

    I did not do the crime on purpose. I was part of a neighborhood watch, and apparrantly called too many times. There were two police officers on the stand that simply, well, lied. How can you beat that?

    Anyway, I have accepted this unfortunate event. But how do I survive now for money to get a house, apartment?

    What do I do with my college education? What career field will give me the best protection/chance for success with a misdemeanor "false report"?

    What are the legal ramifications of committing a false report? What kind of jobs and companies will not hire a misdemeanor person?

    Can anyone help me?

    Thanks for your time and help. I am scared that my life is over. I can't flip burgers for a living. Perhaps I should try to get self employed, but who would do business with me after checking me out?
  2. #2
    Beth3 is offline Senior Member
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    I find it quite unlikely that a single misdemeanor (especially for that) is preventing you from finding employment. Have you considered that there are other things that may be causing you problems? Your employment history? How you come across in an interview? Lack of relevant experience for some of the jobs you're applying for?
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  3. #3
    Heather2 is offline Member
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    I agree with Beth that it is probably not the misdemeanor that is causing your problem. However, you might look into having it expunged or you can possibly file for an order of non-disclosure which means that your record will show an arrest but not a conviction on background checks.

    I'd have to have a little bit more info like were you put on deferred adjudication, was your case dismissed? If you were convicted of the crime then you would have to get a pardon before you could have it expunged.

    In order to file for an order of non-disclosure you would have to have been put on deferred adjudication and would have to wait 2 years after it was dismissed to file for an order of non-disclosure.

    It's confusing and you have to either hire an attorney to help you or learn how to file the paperwork yourself.
  4. #4
    searchosaurus is offline Junior Member
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    It is indeed the misdemeanor. Many companies,temp agencies...

    Virgina, Fairfax County.

    I know IT IS the misdemeanor. Many companies, temp agencies and even stores have TOLD ME RIGHT UP FRONT it is because of not passing a legal background check. This is serious.

    I am asking for help, advice of how to get a job past this problem and some legal advice.

    Your advice sounds bad. Is that really all I can do to get it removed? Can't a lawyer do some of that paperwork for me? Surely there is a way to get it pardoned or expunged in a more practical manner?

    How much does the paperwork cost?

    Remember that I live i northern Virginia, a "commonwealth" law state. Also, with all the computer companies and other companies wanting a security clearance, again, my misdemeanor does not allow me to get a job.

    I would really like A LAWYER OR LEGAL EXPERT to give me advice, not some regular messageboard reader or average joe.

    I am thankful for the last two posts, but it really doesn't seem like I am getting legal advice, but personal opinions.

    This is my life. I have been having this problem for THREE YEARS. Come on. There has got to be a solution. My relatives can't keep on supporting me.

    Most of my money that I have made is unofficial, on the side (not illegal activity!) and freelance. Plus I have sold a lot of personal stuff.

    Again, I ask for MORE legal advice and MORE options please.
  5. #5
    searchosaurus is offline Junior Member
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    More information about my conviction, misdemeanor.

    Virginia, Fairfax County, northern Virginia area.

    It was a level 1 misdemeanor, a "false report". It was in 2003. NO jailtime, no fine. But one year probation, that ended in 2004. I have no prior convictions for anything in my entire history. No criminal record other than that.

    How do I go about getting a pardon, in a bit more detail please?

    Could I possibly get a retrial? If I could produce more facts or outside circumstances? What if I could claim that my first lawyer didn't want to really help me?

    You have to understand, I didn't have any money. Or not enough. I was given a "court appointed" attorney by the court. She wanted to make a deal with the prosecutor. I did not. She threatened me that if I said something to the judge, she would say that I threatened the police, in talking with her.

    What was I supposed to say? would you believe me? Of course not. I had not witnesses. I was told that the prosecutor said that two police officers were prepared to take the stand and say that they caught me lying many times, and had been in the neighborhood "several" times, before and after the "call" was made about noisy and suspicious behavior from my neighbors, at the time.

    Nothing personal against police officers. But I must tell you that Fairfax county does not produce the best, brightest and honest of officers. They were lying.

    If only I could have gotten some of the other neighbors and Home Owner association people to come forward. But they told me in effect, they were scared from retribution of these problem, noisy neighbors who were the perpetrators. And they also told me something unusual. That some of the Fairfax police officers had threatened them with the same charge. I don't know what to make of that.

    But here I am, now with a conviction. The only reason why I am not in jail, is because I made a plea bargain aggreement with the prosecutors.

    What should I have done?

    All I want is my life back and to get a job?

    Its hard to get a further education, loans for cars, or pay bills when you don't have steady work.

    Again, are there any other solutions or advice of legal nature?

    Thank you for your time and advice.

    I guess if things really get bad I could just jump into the potomac river at Great Falls Park.

    But that wouldn't help anyway, because my bills would just be passed onto my relatives, knowing the collectors around here.
  6. #6
    mosbybranch is offline Junior Member
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    Some suggestions

    Some suggestions:

    1. Request a criminal record from the Virginia State Police and see if they have any record on you at [url]http://www.vsp.state.va.us/cjis_chrc.htm[/url]

    2. Return to school via online. Here two most cheapest accredited schools, [url]http://www.calcoast.edu/[/url] and [url]http://www.ashworthcollege.com/[/url]

    3. Find a lawyer to explunge your record. Cost $2000-$2500. It's worth it! Once explunged, you can legally denied your previous charge.
  7. #7
    CO19 is offline Member
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    [QUOTE=searchosaurus]Virginia, Fairfax County, northern Virginia area.

    According to your post, I only see a couple of alternatives.

    Find employment with a company that does not conduct background checks or retain an attorney to assist you in getting your record expunged so it will be a non-issue.

    You may also want to write a Statement about the facts of the charge/conviction and be candid/honest about it with each potential employer; it can often asssist you in getting your foot in the door. I do find it very hard to believe that this conviction is the sole basis for you not obtaining employment....
  8. #8
    Heather2 is offline Member
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    Quote Originally Posted by searchosaurus
    Virgina, Fairfax County.

    I know IT IS the misdemeanor. Many companies, temp agencies and even stores have TOLD ME RIGHT UP FRONT it is because of not passing a legal background check. This is serious.

    I am asking for help, advice of how to get a job past this problem and some legal advice.

    Your advice sounds bad. Is that really all I can do to get it removed? Can't a lawyer do some of that paperwork for me? Surely there is a way to get it pardoned or expunged in a more practical manner?

    How much does the paperwork cost?

    Remember that I live i northern Virginia, a "commonwealth" law state. Also, with all the computer companies and other companies wanting a security clearance, again, my misdemeanor does not allow me to get a job.

    I would really like A LAWYER OR LEGAL EXPERT to give me advice, not some regular messageboard reader or average joe.

    I am thankful for the last two posts, but it really doesn't seem like I am getting legal advice, but personal opinions.

    This is my life. I have been having this problem for THREE YEARS. Come on. There has got to be a solution. My relatives can't keep on supporting me.

    Most of my money that I have made is unofficial, on the side (not illegal activity!) and freelance. Plus I have sold a lot of personal stuff.

    Again, I ask for MORE legal advice and MORE options please.
    Most the people on here are average Joe's and you should be thankful I took the time to reply to your post. I am not a lawyer but I am going through the same thing as you and I have done a lot of research on this subject.

    I tried to find information for your state but I could not find any. Just remember "google" is your friend so why don't you try and do a little research on your own.

    Your record is not going to magically disappear so your only option is to do what I told you in my first post. You have to get a pardon and then have your record expunged. I don't know how to get the pardon, I would suggest calling a lawyer. As far as getting it expunged after that you can either pay the big bucks for a lawyer or do it on your own. It's probably not easy but you can purchase the paperwork by going up to the top of this page and click on "get legal forms". Good luck to ya!
  9. #9
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by tyson-bird

    I am going through the same thing as you

    My response:

    You're a criminal?

    IAAL
  10. #10
    Heather2 is offline Member
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    Quote Originally Posted by I AM ALWAYS LIABLE
    My response:

    You're a criminal?

    IAAL
    Yep, sure am.....
    Last edited by tyson-bird; 09-25-2005 at 12:01 PM.
  11. #11
    searchosaurus is offline Junior Member
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    Thank you for advice.Good.Will save,get lawyer.

    Thank you for the advice. So, it seems then, that getting a good lawyer for a cheap price is my next step.

    Then, Expunging seems like the best idea. I was under the impression, you couldn't easily get the conviction expunged. But perhaps a good lawyer can help me.

    Thank you all again.
  12. #12
    searchosaurus is offline Junior Member
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    Having difficulty in finding a lawyer to take my case.

    I think I may have to use this board to find a lawyer. I am having difficulty in finding lawyers willing to fight for my case.
  13. #13
    Heather2 is offline Member
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    Quote Originally Posted by searchosaurus
    I think I may have to use this board to find a lawyer. I am having difficulty in finding lawyers willing to fight for my case.
    Try playing around on the internet some. There are so many lawyers on the internet, just google "Virginia" "attoneys". Or try calling the following number, maybe they can help you.

    Organization: Virginia Lawyer Referral Service
    Location: Virginia
    Phone: 1-800-552-7977
  14. #14
    johnnyclaiborne is offline Junior Member
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    I got the same problem from the same county and the same state please let me know when u find a solution the only info i got was from the secretary of clemency of va he stated that u can only get pardon for a misdemeanor but u have to wait until 6 yrs after charge i was laid off in dec 2009 i was charged in 2007 i have until 2013 until i can get a pardon ill be homeless by then
  15. #15
    cbg
    cbg is offline Senior Member
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    You realize that this thread is 5 years old and it's quite unlikely that the original poster will be coming back for updates, right?

    If you want information on your own situation, start your own thread instead of hijacking one from 2005.

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