View Full Version : dismissed or expunged??????
08-26-2005, 07:53 PM
I was recently told by the Tampa PD that any misdemeanor charges that I had in the past that were dropped or dismissed had to be expunged before I can apply to any of their programs. What does this mean?????
08-26-2005, 08:34 PM
I don't get the expuinged idea for dropped charges or dismissed charges in Ohio you can only get CONVICTIONS expunged. You might try to get records sealed but they would just laugh at you.
This is not quite a true comment by the agency because we still can open expunged records and they will dq you too.Expunged or not you still did it and it still counts against you so maybe they were trying to tell you that you are out but not in so many words
08-27-2005, 03:30 AM
The only thing about expunged records is that legally you can say you never did it (the crime) but they will still show up in a background check, but it will say expunged and legally they can't DQ for it, but I GUARANTEE you that they will find something else trivial to DQ you for if the crime expunged is an automatic DQ.
Anyway though, having dismissed or dropped charges expunged? I think someone gave you the wrong info, what's the point?
08-28-2005, 02:56 PM
legally they can't DQ for it
They can LEGALLY DQ you for whatever reason they want (exc. race/religion/etc), they do not have to give you a reason for not hiring you, a job is not a right guaranteed by anyone.
While conducting BI it is verified that you were listed in a reported shoplifting as an involved other (non active participant of friend who was arrested, but present for offense) or suspect, but not charged, say this happened twice, or maybe an assault, disorderly conduct, whatever. You have no criminal record because you were never charged, but the BI can drop you in a heartbeat because you keep showing up at the wrong place at the wrong time. I'm not super detective, but I can tell you that coincidences are not. If you keep showing up at the wrong place at the wrong time (even if you are not caught doing anything wrong), you are either slick, really unlucky, or have bad taste in friends/associates which speaks of your judgement and character. Whichever one it is, I think that I could live without you
08-29-2005, 02:56 PM
I was recently told by the Tampa PD that any misdemeanor charges that I had in the past that were dropped or dismissed had to be expunged before I can apply to any of their programs. What does this mean?????When a charge is expunged, all records of it are sealed. The report of the arresting officer, booking records, court files, everything, are sealed by the court. That is the way it is supposed to work, anyway. The problem is that there is often some record that gets overlooked. For instance, many, if not most, jurisdictions will send a copy of your booking fingerprint card to the FBI. The FBI may decide not to honor the order of a local state court to send back or destroy all their records of an arrest. So, if someone pulls your FBI file or even runs your criminal history on the automated Interstate Identification Index system, the arrest may show up. Therefore, it is a good practice to own up to the arrest on a background investigation, even if it has been expunged. If the agency finds that you have been less than truthful with them, they will usually disqualify you regardless of the nature of the original charge.
The judge may not be obligated to expunge the record of an arrest and/or conviction. Whether he/she does or not is often a matter left to his/her discretion, and just petitioning for the process will usually require the services of an attorney.
The best way to avoid this problem is to not get arrested in the first place.
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