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expungement? teacher? Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by ausamsam, Nov 24, 2007.

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  1. ausamsam

    ausamsam Law Topic Starter New Member

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    I got a ticket for "furnish alcohol to a minor" which is misdemeanor.
    after I get it expunged, can I apply for a teacher job?

    like in Kansas, they actually ask for KBI (no idea what it is) and FBI background check... will my expunged record show in the check??? what are they actually looking for??? Felony or etc?
     
  2. Scooterdog

    Scooterdog New Member

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    Yes, as it would not show up, or shouldn't. You have to test your expungement after you get the order, to make sure people comply.

    KBI-Kansas Bureau of Investigation? YOu sure that isn't KGB? although gone, did you have a connection with them in the past comrade?

    IF it has been ten years, the FBI should have expunged it, if they even keep records for state misdemeanors. I don't think a background check at the FBI would bring up a charge like that.

    Send a PA/FOIA request to the FBI, they will send you a copy of your file.
     
  3. Scooterdog

    Scooterdog New Member

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    If this happened in Kansas, I can find NO exungement law. You will have to file a civil action. Check to make sure this is current law.

    Right to inspect & Make notes of your criminal record: 22470; 22-4711;Reg. 10-13-2

    Right to challenge info on your criminal record: 224709; 22711

    Sealing Conviction Info: 22-4619: 12-4516

    Expunging, purging and erasing non-conviction info: none(Use civil remedy: 224707)
     
    Last edited: Nov 25, 2007
  4. ausamsam

    ausamsam Law Topic Starter New Member

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    it happened less than a year so FBI should have it.... is that bad?
    how do i test my expungement? good that it did not happen in Kansas. It was in Mississippi. And there is a expungement law for me to get my record expunged (luckily).
    I am international student so I am really scared to get in touch with any government agency. i want no trouble. i just want to stay out of trouble and have my safe life.
    i am worrying i cannot even be a teacher now...
     
    Last edited: Nov 25, 2007
  5. Scooterdog

    Scooterdog New Member

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    Misdemeanors are usually five years, felony ten. If you file before the time, you won't get it, and you won't have another chance in this life time to get it.
     
  6. Scooterdog

    Scooterdog New Member

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    Go to the local PD, take in all of your ID, and they will finger print you, and run a background check. Don't mention the above, just see what happens.

    If your in Ms, I believe I posted the law for review of your criminal record. Take that in, request a copy of your entire file
     
  7. ausamsam

    ausamsam Law Topic Starter New Member

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    my lawyer said my case does not need to wait for expungement... i hope she knows what she is doing. how can i can find out the truth?

    i am sorry. what is PD? fingerprint... i have never been fingerprinted in this country except for the immigration. that sounds scary.

    i think i will get my lawyer to get a copy of my entire file. should my record show there?
     
  8. ausamsam

    ausamsam Law Topic Starter New Member

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    Miss. Code Ann. 99-15-26(5)

    Upon petition therefor, the court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.

    Miss. Code Ann. 99-19-71

    (1) Any person who has been convicted of a misdemeanor , excluding a conviction for a traffic violation, and who is a first offender, may petition for an order to expunge any such conviction from all public records. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest. (2) Upon petition therefor, a court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.

    http://www.criminalattorney.com/states/ms_expungement.htm

    SEC. 21-23-7. Powers and duties of municipal judge; mayor serving as municipal judge.

    (6) Upon prior notice to the municipal prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a period of two (2) years since the last conviction in any court and that the best interest of society would be served, the court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged, and upon so doing the said person thereafter legally stands as though he had never been convicted of the said misdemeanor(s) and may lawfully so respond to any query of prior convictions. This order of expunction does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person maintained under Title 63, Mississippi Code of 1972, or any other provision of said Title 63.

    (7) Notwithstanding the provisions of subsection (6) of this section, a person who was convicted in municipal court of a misdemeanor before reaching his twenty-third birthday, excluding conviction for a traffic violation, and who is a first offender, may utilize the provisions of Section 99-19-71, to expunge such misdemeanor conviction.

    it does not say how long i need to wait...
     
    Last edited: Nov 26, 2007
  9. Scooterdog

    Scooterdog New Member

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    Your answer is right there. Why is your lawyer telling you that you don't need to do this?

    With a misdom., you may only have to wait a year. It could be that once the fine is paid, all time served, etc.., that you could then ask for the expungement.

    Call the AG (att. Gernerals Office) and ask how long you need to wait. If they tell you to get a lawyer, tell them that wasn't the question.
     

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