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  1. #1
    Join Date
    Jan 2013
    Location
    KY
    Posts
    2

    Default How to Correct an Error on my Criminal Record

    My question involves criminal records for the state of TN

    The circumstances for which I am seeking legal counsel are kind of two-fold. In October of 2010 I was hired by a brokerage firm. During the process of applying for my Securities Registration by completing the U-4 application I was asked "Have you ever been charged with a felony?" At the age of 19 I was charged with a felony, but found guilty of a Youthful Offender offense. According to AL law, such offense is not a felony and the record remains sealed on your juvenile record. At the time of my application process I provided my employer with a copy of my sealed record. The company's attorneys required me to list this offense on my U-4 application initially, and then later advised me to amend my U-4 to remove it after I provided them with a copy of the AL law. We submitted the application for my state registrations prior to the amendment, and as a result TX requested a copy of my sealed record. Since this record is confidential the corporate attorneys advised me to withdraw my registration request for TX. After that I was required to sign a document acknowledging that my company reserves the right to terminate me anytime for not being licensed in TX.

    After disclosing this information another issue developed. A background search of my name now shows a felony charge on my criminal record. this was discovered after I applied to lease an apartment and was initially denied due to a "felony undefined" listed on the search. I was allowed to lease the apartment after providing the leasing company with my sealed court record and a copy of AL law. The background search does not list the specific offense, and appears as an offense that occurred in TN. I lived in TN at the time and completed my probation there, but I have never been arrested in TN for anything ever.

    I hired an attorney about 18 months ago to help me with this, but have since fired him because he never responded to my emails, returned my calls or worked on the case. He did confirm with AL that they are not reporting this information. He sent a letter to the state of TN, but I do not know if there was ever a response. In my last communication with him he mentioned that the companies that perform the background searches (like LexisNexis) might be responsible for reporting it.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Correct an Error on my Criminal Record

    We can infer that you officially transferred your probation from Alabama to Tennessee, such that you ended up in the Tennessee system, but you have chosen to omit pretty much any detail that might help clarify what happened from your story. If you have no record appearing out of Texas it would appear that Texas has followed its own laws and procedures relating to your disposition, and now you have to deal with Tennessee. If you want suggestions, though, you are either going to have to hire a new lawyer or share enough facts that somebody here can get a sense of what the actual issue is and how it might be addressed.

  3. #3
    Join Date
    Jan 2013
    Location
    KY
    Posts
    2

    Default Re: How to Correct an Error on my Criminal Record

    No, my probation was not officially transferred to TN. I was still on probation through the state of AL, I was permitted by the court to serve it in TN. I reported to a probation officer in TN who provided the probation office in AL with monthly progress reports. For 6 years this never showed up on a search of my background, it was only after I provided my company with my court documents that it appeared. The same company (my current employer) has admitted there was no mention of it on the report they ran before they hired me several months prior.

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