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  1. #1

    Default Does your arrest record stay with a deferred sentence?

    I just typed a long dissertation, and hit the back browser-erasing it. (Wow!)

    So I'll make this one short.

    20 years ago I had a felonious arrest. I was assured by counsel that in pleading guilty, the charge would be deferred, and after completing probation, I would receive a misdemeanor charge on my record. No felonious arrest or conviction would be present.

    Recently, I applied for a DOD security clearance and answered "no" to the question: Have you ever been arrested or convicted of a felony.

    Why did I answer no? Because I was told by counsel that after completing my probation, I would not have to answer "Yes" to this question.

    Since then, I've worked for the NYSE, NASD, AMSE and have affiliations with the SEC, and I've never had a problem in 20 years of answering "NO' to this question. There have been no subsequent arrests, and no infractions, not even a speeding ticket.

    When I checked with the local police, the felonious arrest reads: Class #; reduced to misdemeanor.

    What can I do to get this off my arrest record?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Expungement

    Most likely, if available, through the expungement laws of the state where the conviction occurred.

  3. #3

    Default Does your arrest record stay with a deferred sentence?

    The expungement process is virtually non-existant in Indiana, with a 98% denial rate. Also, because the Department of Defense is looking into my background, sealed records, and expunged records are still viewable to federal agencies.

    So I guess my next question is, what is the purpose to the question (have you ever been arrested or convicted of a felony) from an employer point of view, and what can be done when this happened so long ago, and the debt has been paid to society?

    20 years later... and it is still hindering me?

    At some point shouldn't I have an option to have this removed from my record, especially after a history of acceptable behavior, no infractions, or subsequent arrests?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Criminal Record

    That's a public policy question.

    In at least one state employers are severely restricted in their ability to discriminate against people with criminal records, whether or not there is an expungement. That is probably the best public policy approach - the record still exists, so you can identify past criminals, but the reformed offender can still get a job.

    Expungement is a band-aid solution, with incredibly inconsistent application.

  5. #5

    Default

    So in other words, these federal agencies or private sector companies want to identify past criminals... regardless of what the outcome. Even if the criminal arrest did not lead to a conviction, or if it was a 1-time offense, they can choose not to hire based on that information?

    Truthfully speaking, has ANYONE ever been able to prove that they were discriminated during the application process based on this question, and what could the outcome possibly be? Certainly not a job or monetary rewards. It is a practice that our very own federal government uses.

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