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Record Sealed but not correctly!!! Employers still finding it!I want to sue!NiGhTmARe

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J

jj200282

Guest
What is the name of your state? Florida of Course

Hello,

I plead no contest to a misdemeanor for assult about 6 years ago.

The initial charge was a felony for aggravated stalking, but it was dropped to a misdemeanor. (Whole bunch of crap...I went to go beat up some guy for touching my ex-wife's behind at work, but he ran away so I got charged for stalking)

So in 2000 I paid an attorney to have my record sealed.
So I did what I was supposed to do, and after AN ENTIRE YEAR of waiting along with administrative blunders on the states part (lost my fingerprints) my record was finally sealed...or so I thought.

I noticed that at the next few jobs I worked, my record was found by looking on the web or whatever.

I contacted my attorney and he told me that he would fix the whole thing for free since I paid him to work it in the first place.

Later he calls to explain the situation. He says that Florida removed the misdemeanor portion of the record but kept the initial felony portion wide open.

Now 1.5 months have passed, and I have been rejected for 3 jobs after I show them the sealed record documents and try to explain the whole thing to them. They usually interview me and then send me an email telling me that I pose problems for their HR department.

I call the attorney once per week, and he says that everytime he goes to the courthouse it shows sealed on their computers (felony and misdemeanor it was dropped to) but he can go right up the hall and look at a website and it still shows up.

I asked if I could sue...and he said yes but in the real world...I probably wouldn't have a chance...

I would like to know if I can get another lawyer on this...but then again I have no money and I am unemployed...is this the sort of thing that an attorney takes on a contingent basis?

Thanks for any thoughts or input
 


J

jj200282

Guest
....gosh could anyone please help me :(

I have an interview with a law firm as a computer person tomorrow!

I don't even know how to approach them.

The interview is 250 miles away! It would be a shame to lose this job over something that is not my fault.

How do i answer the question....have you ever been arrested..........This is horrible, my entire family depends on me getting this job....if not I am homeless. :(
 
J

jj200282

Guest
oh well....

I didnt get the job at the law firm needless to say.........

could someone please step in?

Thanks
 
T

testerone

Guest
Some Hope

You could try a local law school. Sometimes they run clinics to help people. The local bar association may be able to refer you to a pro bono agency, but be prepared to tell them that you have no assets (car, house, savings) and a low enough income to qualify for help. The income has to be really low for them to help.

Some states actually have laws that prevent the state from being sued unless the state AGREES to be sued!

By all means, apply for public assistance: food stamps, welfare of all kinds. Get THEM to work on this problem for you, they are strongly encouraged to resolve problems in order to get people off of welfare!

In my humble opinion, prosecutors are the scum of the earth, but there is a remote possibility that the prosecutor in your case would actually help you. Can't hurt to ask. Write a letter.

You CAN probably do a Pro Se motion all by yourself, just go into the court where your order to seal was issued, and ask the judge to issue an order to the State to correct the problem. Check the Nolo press website for advice.

Man, good luck. This stinks. Hope you win!!!!
 

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