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.
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