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.

Criminal Records- arrest no conviction still leaves you branded

To find out how to get an arrest record expunged, here's what I learned from Maryland Legal Aid:

A Criminal Record will usually include arrests & citations that do NOT result in convictions.


When you get charged with a crime & go to court, there are a number of ways that charge can get resolved?

PBJ (probation before judgement)

Stet Docket

Nol Pross

Dismissal

Guilty

Not Guilty

All these will be on the record that an employer can access, regardless of what you might have been told in court!

Juvenile charges should not be on your record.

Employers Can Get Your Criminal Record through Internet Companies quickly & easily!

These companies are like 'credit' companies, and are subject to certain laws under the state (this is the State of Maryland we're talking about) and Federal Credit Reporting Acts, but they are NOT UNDER THE CONTROL of the employer.

For more in depth info see the:

Legal Aid Bureau, Inc.
Midwestern Maryland Office
22 South Market St.
Suite 11
Frederick MD 21701
301 694-7414
800 679-8813




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