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  1. #1

    Default Do Background Checks Reveal Out-of-State Misdemeanor Records

    I work in a healthcare setting, and am college educated, etc etc. .from good parents. I suffer from bi-polar (mixed mania). I currently deliver for a blood bank in Illinois. I was arrested after a night of drinking in Iowa back in 2010. The arrest really should not have occurred, imho. I was having a bi-polar reaction and was if anything a bit smart alecky with the officer. I did not make any violent actions what so ever. The flashpoint of the arrest, was that I mumbled a few words under my breath, the officer violently twisted my arm and took me into custody. I did not resist...

    I am wanting to get into a hospital job (HIMSS) healthcare IT. The arrest was expunged after 6 months probation. I was told by a lawyer that it would not show up. They originally had two charges on me "Tresspassing" and "Disorderly conduct". My lawyer said I was punished too much for this, and he filed some papers that said I did not have to physically appear in court. I could have fought the charge the officer threatened me with is firearm during a normal conversation. The officer said "What are you lookin' at my gun for".....I did take that as a threat of potential fatal harm. Keep in mind I was only asking to see his badge.

    Anyway, I did not want to risk going to court and losing..so I let my lawyer do the paper work, and I took the disorderly on the chin.

    My question that will affect me is that when the hospital apply to asked if I had a misdemeanor or one that was deferred, do I have to mention it? I really feel like I am fibbing..but I honestly did not do anything to the officer or anyone at the place I was at. I was just being a little bit of a smart aleck...

    I feel like I have been tainted...maybe I am over reacting...do I just ignore that question and not mention it? The officer I was told had a history of very frivolous arrests. I was told by my lawyer from that same small town that the officer was a "problem officer"...

    I mean what kind of officer blurts out "What are you lookin' at my gun for?!" in a normal tone conversation????

    Thank some advice on what I should mention on future applications would be great!..I don't want to be tainted forever!

    -C

  2. #2
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    Default Re: Do Background Checks Reveal Out-of-State Misdemeanor Records

    Background checks are as rigorous as people want to make them. They can look in all 50 states, or they look only in the current state, or they may look in all the states you appear to have lived or worked in. Lying on an application is never a good idea.

    The question is was this a "simple misdemeanor" in Iowa? Most simple misdemeanors do not appear on criminal records.

    Get over the situation involving your guilty plea. There's nothing you can do about it now and claiming insanity or police misconduct in explanation will not make you look any better than simply admitting you were drunk and disorderly.

  3. #3

    Default Re: Do Background Checks Reveal Out-of-State Misdemeanor Records

    And for God's sake, if you're bi-polar, you have NO business drinking. It'll only result in your mouth getting you into trouble - and whether the mouth is right or wrong, you won't get to address it until AFTER you've been arrested by the cop you just pissed off.

    Alcohol and bi-polar do NOT mix. Ever. (And if you're on meds, it's a DOUBLE no no.)
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

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    Default Re: Do Background Checks Reveal Out-of-State Misdemeanor Records

    Quote Quoting flyingron
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    The question is was this a "simple misdemeanor" in Iowa? Most simple misdemeanors do not appear on criminal records.
    I see what would be classified as "simple misdemeanors" on a daily basis pulling criminals. I am not particularly familiar with Iowa, but national checks pull simple misdemeanors fairly regularly. I could not tell whether you intended this to be a blanket statement, or a unique to Iowa statement, but thought if I wasn't sure, other readers might assume that simple misdemeanors in all states don't show (and then be sadly surprised).

    I would advise OP to operate under the assumption anything not expunged will probably show and things deferred/expunged MAY show.

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    Default Re: Do Background Checks Reveal Out-of-State Misdemeanor Records

    DRTHYRD, it is a UNIQUE to IOWA thing. Simple here isn't some random adjective, the term "SIMPLE MISDEMEANOR" is a category of offense. It's non-indictable, has minimal jail possibilities that are rarely invoked and a tiny fine. As I said, it doesn't usually show up on most background checks. It's analogous to things like summary offenses in Pennsylvania, etc...

    The problem is I do not know if his disorderly conduct was prosecuted as a (regular) misdemeanor or as a SIMPLE MISDEMEANOR.

    And Ardvarc the combination of a personality disorder and intoxication probably highly brings into question his recollection of his conduct.

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    Default Re: Do Background Checks Reveal Out-of-State Misdemeanor Records

    Quote Quoting flyingron
    View Post
    DRTHYRD, it is a UNIQUE to IOWA thing. Simple here isn't some random adjective, the term "SIMPLE MISDEMEANOR" is a category of offense. It's non-indictable, has minimal jail possibilities that are rarely invoked and a tiny fine. As I said, it doesn't usually show up on most background checks. It's analogous to things like summary offenses in Pennsylvania, etc...
    Thanks for the information and clarification for me.

  7. #7

    Default Re: Do Background Checks Reveal Out-of-State Misdemeanor Records

    One, you want to check thoroughly to confirm that the arrest record and apparent diversion disposition record are, in fact, “expunged.” Going through a diversion program does not necessarily equate to automatic expungement. In many, if not most, jurisdictions, an individual has to separately petition to have his or her arrest related records expunged after the completion of the diversion disposition. In most cases, completion of a diversion program does not automatically mean the underlying records are expunged or sealed. (For example, I think an individual has to wait years following completion of a diversion program in Maryland prior to petitioning for expungement.)

    With that said, your state may, in fact, have such an automatic expungement practice. Most states do not, though. Again, you want to confirm whether your records were indeed expunged.

    Two, prior to your obtaining verifiable confirmation of the status of your records (from your former counsel or other highly reliable source), then you should answer any inquiry about arrests truthfully. Similarly, if the employer asks about a diversion disposition, you should answer truthfully. On the other hand, you can truthfully deny you were “convicted” of these charges because your acceptance of the diversion disposition does not constitute a conviction.

    In order to avoid having to self-disclose your arrest record or otherwise having it revealed, you will have to either confirm or explore expungement of your record.

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