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  1. #1
    Join Date
    Oct 2008
    Posts
    2

    Default My Felony Doesn't Show Up on Background Checks

    My question involves a background check in the State of:Illinois

    Almost two years ago I plead guilty to resisting a police officer. Because the officer sustained an injury, the charge was a class 4 felony. Since then I have received my bachelors and was employed at a white collar firm. I have since left that company in search of something better. It has now been three months since I left and I have had a few interviews in which I disclosed the felony. Two companies have said that nothing showed up on their search and nothing showed up on a search I conducted with publicdata.com.

    Questions:

    Is it possible the felony does not show up because it was a guilty plea rather than a conviction?

    Can I vacate my guilty plea? (expungement or sealment not an option in IL)

    I am extremely worried that I will not be able to find another decent job even though I have a bachelors in international business and speak 3 languages. Iv been looking for 3 months now and I know that my felony cost me atleast one job because they told me so.

    Thanks in advance

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,444

    Default Re: My Felony Doesn't Show Up on Background Checks

    We have no way of knowing why your felony did not show up in a particular past background check, or whether it will show up in a future background check. I would expect it to show up in a background check that includes a criminal records search for the state where you were convicted.

    What grounds do you have for vacating your plea? You do realize that, if successful (which seems unlikely with no apparent grounds after a two year wait), the prosecutor could then proceed against you on the original charge. If you think you do have grounds for post-conviction relief, you should consult a criminal defense lawyer who specializes in post-conviction issues. These motions are usually complex, and I've yet to see a judge grant one to a pro se defendant.

  3. #3
    Join Date
    Oct 2008
    Posts
    2

    Default Re: My Felony Doesn't Show Up on Background Checks

    Quote Quoting Mr. Knowitall
    View Post
    We have no way of knowing why your felony did not show up in a particular past background check, or whether it will show up in a future background check. I would expect it to show up in a background check that includes a criminal records search for the state where you were convicted.

    What grounds do you have for vacating your plea? You do realize that, if successful (which seems unlikely with no apparent grounds after a two year wait), the prosecutor could then proceed against you on the original charge. If you think you do have grounds for post-conviction relief, you should consult a criminal defense lawyer who specializes in post-conviction issues. These motions are usually complex, and I've yet to see a judge grant one to a pro se defendant.
    I'm not really sure on what grounds I can vacate my plea. I plead guilty because I was scheduled to leave for germany in a week to participate in a study abroad. Had I chosen to contest it I would not have been able to go to Germany.

    I used a site called publicdata.com to look myself up. Does anyone reccommend any other sites that are used by employers?

    Also, I recently completed a job app and when asked if I had been convicted of a felony I responded no because I plead guilty. Did I answer that truthfully since I plead guilty and was not convicted?

    Thanks

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Re: My Felony Doesn't Show Up on Background Checks

    When you plead guilty to a crime and your plea is accepted by the court, the court enters a conviction - that is, the normal consequence of a guilty plea is that you are convicted of the crime.

    You can hire a lawyer to review your case file to see if there is any basis to challenge your guilty plea.

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