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Background Check Issue

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GODSCENTURY

Junior Member
What is the name of your state? TN/Tennessee

I'm recently applying for jobs, IT jobs where there requesting a background check prior to hiring. I have some misdemeanors dating back to 94,95,96 that have kept me from getting jobs in the past. Items like violation of a protective order, terroristic threat, and domestic violence. All which I plead no contest to while living in Tx(Travis County)


How can I get these items off my record? And if so will that make them not show up on criminal background checks? I was 22-23 at the time and now about 10 years later I thought stuff like that dropped off. But employers are finding them and are taking back there offer of hiring me.


Thanks
 


Beth3

Senior Member
Those are some serious matters and I'm not surprised employers are shying away from employing you. Your record show a strong tendency towards violent behavior and no employer wishes to invite that into their workplace. Convictions don't just "drop off." They're forever unless a judge orders the records sealed or the convictions are expunged.

You need to consult with a criminal attorney to see if it's possible to have those convictions expunged. Whether that's even possible is something an attorney will have to advise you on.
 

GODSCENTURY

Junior Member
Thanks seeking to start that process now of consulting an attorney. I guess it was just a urban legend that after 7 yrs such events drop off.

i thought that was the case.
 

GODSCENTURY

Junior Member
Ok I read all of that. Sounds like I can have my records expunged. But can anybody translate all that legal lingo and re-confirm that I might be able to get my past cases expunged?

I live in Memphis TN, and all of those cases happened in the early 90's in Austin Tx(Travis County) and I have not had any other instances involving Misdemenaors, let alone felonies. Each case(3) was a Class C and Class B Misdemeanor.
 

JETX

Senior Member
GODSCENTURY said:
Sounds like I can have my records expunged.
Where do you get that idea???

Your first post says "Items like violation of a protective order, terroristic threat, and domestic violence. All which I plead no contest".
That simply means you pled GUILTY to each charge. So, which of the following allows your CONVICTIONS to be expunged:

(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:
(1) the person is tried for the offense for which the person was arrested and is:
(A) acquitted by the trial court, except as provided by Subsection (c) of this section; or
(B) convicted and subsequently pardoned; or
(2) each of the following conditions exist:
(A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:
(i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or
(ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;
(B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and
(C) the person has not been convicted of a felony in the five years preceding the date of the arrest.


In looking at your post:
- You were NOT acquitted,
- You were NOT subsequently pardoned, AND
- The conditions you noted do NOT meet ANY (much less ALL) of the other requirements that allow expungement.

Bottom line.... unless there is something that you have overlooked or forgot, it would NOT appear that your convictions meet the qualifications to be expunged.
 
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GODSCENTURY

Junior Member
TX

Wow so your telling me there's no legal manuever I can take to have such offenses expunged or taken off? Even if they took placec some ten years a go, at best 7 yeras ?

Maybe the word "expunge" is the wrong word to use. But surely a legal way has to exist. I hope so. I work in the field of Information Technology, as a Network Admin and surely out of millions of people in that field, I cant be the only one with a Class B and C Misdemeanor hanging over my head.

What other legal options exist ?
 

LK.

Member
Wow so your telling me there's no legal manuever I can take to have such offenses expunged or taken off? Even if they took placec some ten years a go, at best 7 yeras ?

If, 10 years ago, you earned a Bachelor's degreee, would you expect your degree to "drop off?" After all...most people are 22 or 23 when they earn one.


Maybe the word "expunge" is the wrong word to use.

"Expungement" is sealing criminal convictions so they are not visible to consumer agencies. The conviction is still visible by law enforecement and law enforcement agencies. It does not overturn the conviction. Nor does it allow you to deny that you were ever convicted of a crime.

But surely a legal way has to exist.

Whether or not a legal way "has to exist" and how it "has to exist" depends on state legislature. Most states do NOT allow a violent crime to be expunged, ever.


I hope so. I work in the field of Information Technology, as a Network Admin and surely out of millions of people in that field, I cant be the only one with a Class B and C Misdemeanor hanging over my head.


There are certainly network administrators with criminal backgrounds working in their field, with varying degrees of success.

Employers pay particular attention to the type of conviction that occurred, especially to a job candidate that is going to be entrusted with sensitive data, equipment key to daily operations, etc.

The people that are convicted of violating a restraining order and domestic violence are mostly men that are violent against women. Most employers take specific steps to guard against such a threat to their employees. Same with terrorism, especially since 9/11.

Employers percieve difference a noteable difference between violent and non-violent offenses, and are likely to be more understanding of a non-violent conviction, especially if it was by a young person.

What other legal options exist ?

Consult a qualified defense attorney that can review the specifics of your needs. You may need to consult with one in TN and one in TX. You also may want to speak with your state's employment office, you may be able to attend some job-hunting workshops that are targeted specifically for people that are trying to get past the criminal issues in their past.
 

GODSCENTURY

Junior Member
Thanks

PS

One last question if the "seven year drop off" on back grounds doesn't exist. WHy do most employers ask that you list city and state(county) where you lived for the past seven years?

Or why do some employee apps just ask have u ever been convicted of a felony? Will they run a back ground just on felonies? Which I dont have.

Just Curious.
 

JETX

Senior Member
GODSCENTURY said:
One last question if the "seven year drop off" on back grounds doesn't exist. WHy do most employers ask that you list city and state(county) where you lived for the past seven years?
Because that is their 'policy'. If they wanted to, they can ask you to list every place you lived since the day you were born.

Or why do some employee apps just ask have u ever been convicted of a felony?
Because they realize that a misdemeanor is usually too broad an indicator to determine if you are socially and morally responsible and ethical.

Will they run a back ground just on felonies?
Nope. When an employer runs a criminal background on an applicant, they will get EVERYTHING that has happened (and isn't expunged or sealed).
 

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