Criminal Records What can be done- continued

A criminal record will usually have arrests that did NOT result in a conviction.

Continued from a previous post on this blog:
http://crackaddictionrecovery.blogspot.com/2008/07/criminal-records-arrest-no-conviction.html

It's a commonly held belief that ONLY convictions show up on a background check.

This is NOT always true!

An employer CANNOT ASK you whether you have been arrested- ONLY whether you've been convicted...

even so, they can still SEE on a background check that you have been arrested.

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Civil Rights laws limits employers and landlords to questions about convictions ONLY They can not ask about arrests...

BUT here's the catch:

sometimes when they get your criminal record from a "Credit Reporting" company or a court, the record will show the arrests that did NOT result in conviction!

An Employer can't deny your application for a job or housing by saying "We don't take anyone with a criminal record"

Nevertheless, you'll still find yourself excluded...

What to do about it?

EXPUNGMENT

Expungment is a process in Maryland that allows you to get some non-convictions OFF your RECORD!

Expungment is a court process that involves:

-Stet Dockets
-Probation before judgements
-Dismissals
-Not Guilty findings/

YOU NEED TO FILE A PETITION in the court where the charge occured and ASK for expungment.

BUT:

A PBJ or Stet has to be at least 3 years old and YOU HAVE TO HAVE BEEN CRIME FREE since then.

You can ALWAYS EXPUNGE A:

Dismissal
Nol Pross
Not Guilty

finding any time via a waiver

If you've been convicted a Pardon is the only way to get that expunged.

Free legal advice and assitance may be available from:

Legal Aid Bureau Inc.
Mid Western Maryland Office
22 South Market St
Suite 11
Frederick Maryland 21701

301 694-7414
toll free
800 679-8813

Intake hours: Tuesday- Friday 9am to 12 noon.






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These articles are for informational purposes only. Contact a licenced counselor if you're in crisis.