Stupid mistake

[nolow]

What is the name of your state? Fl

I was arrested for shoplifting when I was 21. I pleaded no contest (ajudication withheld). I am now 30 years old and about to graduate with my BS degree. I have turned my life around and will be graduating with honors (3.8 gpa) from a major university. I don't want this arrest to haunt me in my future endeavors. I'm considering law school as well as financial jobs. I know they will be running background checks on me. First of all, will having this on my record immediately close doors for me (serious answers only)? If I get it expunged, will the arrest be removed as well? Basically, will there be no record of it? One company I used to work for tried to get me licensed to sell insurance. The state sent me a letter wanting to explain the arrest, but they didn't mention any specifics. The arrest doesn't show my true character or ethics. I am more ethical than a lot of my old friends were; they just never got caught.

 

[seniorjudge]

Q: First of all, will having this on my record immediately close doors for me (serious answers only)?

A: The question is so broad that it is hard to answer. It could hurt in some cases; some other cases it will make no difference.


Q: If I get it expunged, will the arrest be removed as well? Basically, will there be no record of it?

A: There are obviously records of it; if it is expunged, some background check companies will still show it if they are bound by an expungment order.

 

[nolow]

Q: First of all, will having this on my record immediately close doors for me (serious answers only)?

A: The question is so broad that it is hard to answer. It could hurt in some cases; some other cases it will make no difference.


Q: If I get it expunged, will the arrest be removed as well? Basically, will there be no record of it?

A: There are obviously records of it; if it is expunged, some background check companies will still show it if they are bound by an expungment order.

I'm looking for jobs right now. I've read about what you were saying in regards to background check companies having it on their records. Is the only way for them to get the information to run a background check prior to expungement? Or, do they just obtain huge amounts of public data whether or not a background check was pulled? I'm willing to put off employment (that would perform background check) for a couple of months if it is the former. Also, I've heard that in Florida one does not have to acknowledge the arrest or the expungement if their records are expunged. I guess I could say it is a mistake, but the employers are probably going to know that I had it expunged or at least know something isn't right.

 

[seniorjudge]

Q: Is the only way for them to get the information to run a background check prior to expungement?

A: I have no idea; ask the companies.


Q: Or, do they just obtain huge amounts of public data whether or not a background check was pulled?

A: See first answer.





Short answer: disclose, disclose, disclose.

Lots of folks have skeletons in their closets.

 

[RedemptionMan]

Q: Is the only way for them to get the information to run a background check prior to expungement?

A: I have no idea; ask the companies.


Q: Or, do they just obtain huge amounts of public data whether or not a background check was pulled?

A: See first answer.





Short answer: disclose, disclose, disclose.

Lots of folks have skeletons in their closets.

That is not correct. If it has been expunged then it WILL NOT show up in any hiring companies background check on you. The databases are updated monthly some quarterly but even if they have it in their database then according to the FCRA they can not report expunged convictions and if they are found in violation of the act then they face federal fines. I am not saying that they could not report it but I can guarantee you that if they do report it then fix it and you still lose the job you will be more than likely be getting a large settlement.

I do not think it will hurt you for the law liscensing board. However, for health care (i.e. doctor, pharmacist, nurse) positions they can use expunged convictions against you as long as it was for a disqualifing crime. Expungement removes the civil penalites of the crime but does not restore complete rights in regards to not having a conviction. If the theft charge is a disqualifing conviction for a state professional liscensing board then it still will be used to more than likely disqualify you from holding a professional liscense.

 

[mizzmia]

If you're considering law school, it shouldn't hurt you too much as long as you disclose it from the get go. At my law school orientation they made it very clear, that if you had anything like that, get it out, clarify it, and make sure that you would still be able to sit for the BAR. Don't try to hide things. Almost any post-bacc level institution has access to that information.

 

[nolow]

Should I take my case to an attorney who specializes in expungement? Would a seasoned attorney increase my chances of getting it expunged? I can still go to legal services at my university. Their website says they do expungement. Is it a pretty straight forward procedure. The only problem I see is that I don't think it will get resolved before I graduate.

 

[nolow]

If you're considering law school, it shouldn't hurt you too much as long as you disclose it from the get go. At my law school orientation they made it very clear, that if you had anything like that, get it out, clarify it, and make sure that you would still be able to sit for the BAR. Don't try to hide things. Almost any post-bacc level institution has access to that information.

Congrats on getting into law school. Can you give me some feedback on why you chose to go that route? Maybe, some qualities or characteristics that made you decide on law as your profession. I've went through 4 years of college, and I am still not sure which route to take. Everytime I mention law school to friends or family they say that it not a good job market and that most people end up not using that degree. I have always been into technology and repairing things. I actually do that on my own free time. I think of it as a hobby. Here are the things I am most interested in.

-Technology
-Marketing (slight interest)
-Business (owning a business after a few years in the corporate world)
-Law

I got interested in law school after taking a business law class. Everybody hated the material and had an extremely hard time with it. On the other hand, I enjoyed the material and did well in the class. I really don't know if that is a good signal or not. Do lawyers particiapate in shadowing? I am not sure since there could be a conflict between attorney client privelage. I would appreciate any insight.