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International about expungement Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by ausamsam, Nov 19, 2007.

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  1. mafioso

    mafioso New Member

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    Technically yes. HR lawyers respect your privacy as to certain private details on your application. So in a way, they are separate. Most companies function like that. The company's lawyer owes some rights to you even if you are not paying him/her.
     
  2. ausamsam

    ausamsam Law Topic Starter New Member

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    I was looking at some University Kansas for teacher assistant.
    They required a FBI and KBI background check... so my record will sure show on there... does that mean i have no life there????
     
  3. ausamsam

    ausamsam Law Topic Starter New Member

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    actually is expungement like legally lying to people????
    Do I REALLY not have a criminal record after it is so called "expunged"?
     
  4. ausamsam

    ausamsam Law Topic Starter New Member

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    By the way, mafioso, do you know how long I need to wait to file an expungement? A lawyer told me I don't need to wait. some other lawyer told me i need to wait for 6 - 7 months. some people on the internet said 5 years for misdemeanor... now i am lost again...
    how can I be sure about that? I don't want to mess it up because i know there is only one chance.
     
  5. mafioso

    mafioso New Member

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    Each state has different rules on how long you need to wait depending on what you pleaded guilty to. So just Google your states expungement statute and read it. I think I had posted it for you in this forum. Go back and read it with the link. But you can call a lawyer for free consultation in your state and they will tell you for free……..So Google lawyers and call. But it must be in the post on the law I posted for you. When you expunge it, the FBI would not reveal it to the School. You would have to declare it until your expunction is complete. It is a minor violation you have; I don’t expect it to affect you in many cases even if it pops up. You can simply give the answers we discussed………..There are no police reports so you should be fine. You would have no criminal record visible to the rest of the world unless under the exceptions of the law. So your employers would not know this and you can deny it after the process.
     
  6. ausamsam

    ausamsam Law Topic Starter New Member

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    "the answers we discussed"? like i did not know about that guy aged. he just dropped the money and the drink and tell me to buy it? actually that is pretty close to what happened... i just don't know how to tell people why i did not ask that guy's age... i would just say i cannot tell american people age. they usually look way older than they should be...
     
  7. mafioso

    mafioso New Member

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    That sounds good and believable to the average person. You were not aware of US laws and did not know you had to check all that. In your country, the law does not exist. That is good enough to make them know it was a mistake.
     
  8. ausamsam

    ausamsam Law Topic Starter New Member

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    i hope the officer will be an average person...
    well i get to graduate school and teach. i hope i can prove i was just stupid and young when i made my mistake.
     
  9. ausamsam

    ausamsam Law Topic Starter New Member

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    I found out alcohol offense usually is not CIMT... unless you were a educator.

    http://sls.ucsd.edu/AlcoholDrugsUpdate.pdf <<< this one sounds scary. grave immigration....
    http://www.nysda.org/idp/docs/fileG_03_Final3dEditionManualAppendix_A.pdf
    http://www.tombean-isd.org/Employment_files/Employee Handbook.pdf
    http://www.region7.nafsa.org/moralturp.ppt

    this is from a Texas school district

    after expungement, can I say no to this question??? so to them i guess my case is CIMT... :( i guess i cannot get a teacher job in Texas :(:(:(
     
    Last edited: Nov 27, 2007
  10. Scooterdog

    Scooterdog New Member

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    You sure can. The public and empoyer's will not be allowed to view that information. Once it is expunged, it as though "it never really happened".
     
  11. mafioso

    mafioso New Member

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    As I have told you in my earlier post, a CIMT in immigration cases is not just determined by the name of the offense but also by any reports. An example is a first DUI which is not a CIMT but could be depending on the person's behavior as reported in the police reports, and the person's honesty and cooperation. As I said earlier, I don't think your crime is a CIMT. But it is still a crime and must fall under the petit crime exception for it not to affect your status. So even if it is not a CIMT, it must qualify for the exception, and it does in this case. You don't reveal expunged information unless per your state's statute........it would guide you on when you can and under what circumstances. Your crime is small and it is your only one and you can explain yourself out of it. I don't think it would affect you even if your state's law requires you reveal it. It is minor and in most cases be viewed as one minor error. These laws are meant to keep the real criminals out of the classroom not you.
     
  12. ausamsam

    ausamsam Law Topic Starter New Member

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    explain myself... .like this?

    i was young stupid, and naive... did not know about the law in this country???
     
  13. mafioso

    mafioso New Member

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    That sounds good and honest enough..............The average person would understand.
     
  14. ausamsam

    ausamsam Law Topic Starter New Member

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  15. mafioso

    mafioso New Member

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    What is your question?
     
  16. ausamsam

    ausamsam Law Topic Starter New Member

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    it was just weird that they don't say anything about alcohol related crime...
     
  17. mafioso

    mafioso New Member

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    I have told you many times that your crime might not be a CIMT. Determining a CIMT is difficult and confusing............ It could vary depending on the evidence and reports. I don't think yours is but, immigration can go either way. There is no one size fit all. Some might say getting alcohol for a kid is good enough to question your moral character. Other might say it was a mistake or negligence on your part. It is hard to know what they would say......... there is no list which contain all CIMTs. Some like theft are easy to pick out. Other which are not even CIMT could be view as CIMT for immigration purposes. An example is disorderly conduct. It is not a CIMT but depending on your behavior during the incident, or what happened, it could be called a CIMT to immigration........like if you lied to an officer during the questioning on the disorderly conduct charge, or if you gave false information, or even attempted to cover a crime. Such circumstances could convert disorderly conduct to a CIMT based on statements of the incident which immigration would ask you to bring. It is same in your case. If there are no reports, it would be hard for them to say easily say it is a CIMT. But they can go either way.
     
  18. mafioso

    mafioso New Member

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    Oh but know this..........As I said earlier, even if it is not a CIMT the petty crime exception must still apply for it not to affect you given your crime has possible jail time under certain circumstances. So CIMT or not you need assurance from the petit offense exception.......that is what matter the most here. First DUI is not a CIMT but it can be under certain circumstance.......Same with MIP...........It can be under certain circumstances.
     
  19. Scooterdog

    Scooterdog New Member

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    I dont' give flying f### what they call it. It's under federal code, Title 18, SUE THERE SORRY ASS'S~~~~~~~ I will help you for free!!!!
     
  20. Scooterdog

    Scooterdog New Member

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    And will help you get an injuntion against anyone who diss-agree's. lol, more than happy to do this. I mean this, FOR FREE
     

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