183114, he right. Posted by SoWhat, Mon Nov-02-15 05:59 PM
>Mike Jackson's non-reading ass comes back with: >"have you ever entered a plea of guilty or no contest for a >criminal case... > >do they not have that question on job applications or housing >applications around your way? > >cool."
if the ppl you described are going to answer this ^ question honestly they have to say 'yes' b/c they DID plead guilty in a criminal case. and that case is NOT expunged from their record just b/c it was dismissed as part of a diversion program.
when i applied for admission to the Bar i was asked that question. the Bar examiners wanted to know if i'd be honest more than they cared about what's in my criminal history. if i'd said 'no' even though i had plead guilty in a criminal case that was sent to a diversion program i'd have been lying and that would've caused me problems b/c the Bar examiners would see that case on my criminal history.
>If you complete the deal, the case is dismissed. The guilty >plea is withdrawn and everything is thrown out. The guilty >plea is never officially entered and never touches your >criminal history.
i dunno that to be the case b/c i regularly see my client's criminal histories which include entries for dismissed cases.
>Somehow Mike Jackson doesn't understand how this works. > >So, let's say you have a DV case that was dismissed in this >manner, you have nothing to worry about when it's time to do >an FBI check.
naw b/c the FBI will see that the person was arrested and charged w/domestic battery. and if the record has been expunged the fedz won't be able to see the outcome of the case - even if it was favorable. and the court clerks can't verify the favorable outcome b/c the record has been expunged or sealed. so the FBI will assume the worst, most likely. at least this is what ICE does w/deportation cases. which is why i encourage clients NOT TO have their records expunged if the fedz are going to review their criminal history.
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