Arrest record and law school

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oldguy6543
Posts: 6
Joined: Tue May 10, 2011 12:24 pm

Re: Arrest record and law school

Postby oldguy6543 » Tue May 17, 2011 1:00 pm

hkgjohn wrote:
blowhard wrote:
hkgjohn wrote:
Uh, you did a national agency check. C&F will receive records direct from each state you lived in and it will show on there. They even get access to expunged and juvenile records that will no longer show when you run it.


I doubt this is true they have access to expunged and sealed records. Your treating the state bar like a law enforcement agency or a administrative court. In my state under statute the only person with access to the expunged record is a AOC court judge. That's it. And those records can only be disclosed in another trial where it pertinent to a particular case and a hearing must be held to release them. This again, only happens in exceptional circumstances.

I submitted both a FBI and SBI 'right to review' request. In both circumstances I was required to disclose a FD-258 fingerprint form, my social sec #, DOB, Place of Birth, Full name, DL, you name it! Both SBI and FBI results came back in a few months 'no arrest record found'. There is some stuff that can be found by private data mining companies on criminal history and more information can be found at the county level but I (pray) I don't have to be too worried about charges dropped and really worried about my DUI conviction.


I have done a quick search of my name on those private criminal background sites. My battery arrest is still on all of them even though it was expunged. My feeling is that in this day and age the records will always on the web.

User avatar
MoS
Posts: 404
Joined: Fri Oct 16, 2009 10:59 pm

Re: Arrest record and law school

Postby MoS » Tue May 17, 2011 2:57 pm

What happens is that the databases update at certain intervals and they just add to records. Its rare that anyone will go back and take something off just because it is no longer appearing. Just report everything. If it was expunged it was for a reason, let the school/bar association know why. If the judge/prosecutor thought it shouldn't impact your future I am sure that will be taken into account by the adcom.

03121202698008
Posts: 3002
Joined: Fri Jul 17, 2009 2:07 am

Re: Arrest record and law school

Postby 03121202698008 » Tue May 17, 2011 4:11 pm

hkgjohn wrote:
blowhard wrote:
hkgjohn wrote:
Uh, you did a national agency check. C&F will receive records direct from each state you lived in and it will show on there. They even get access to expunged and juvenile records that will no longer show when you run it.


I doubt this is true they have access to expunged and sealed records. Your treating the state bar like a law enforcement agency or a administrative court. In my state under statute the only person with access to the expunged record is a AOC court judge. That's it. And those records can only be disclosed in another trial where it pertinent to a particular case and a hearing must be held to release them. This again, only happens in exceptional circumstances.

I submitted both a FBI and SBI 'right to review' request. In both circumstances I was required to disclose a FD-258 fingerprint form, my social sec #, DOB, Place of Birth, Full name, DL, you name it! Both SBI and FBI results came back in a few months 'no arrest record found'. There is some stuff that can be found by private data mining companies on criminal history and more information can be found at the county level but I (pray) I don't have to be too worried about charges dropped and really worried about my DUI conviction.


For example:
http://law.justia.com/codes/rhode-island/2009/title-12/chapter-12-1-3/12-1-3-4/ wrote: (c) Whenever the records of any conviction and/or probation of an individual for the commission of a crime have been expunged under the provisions of this chapter, any custodian of the records of conviction relating to that crime shall not disclose the existence of the records upon inquiry from any source unless the inquiry is that of the individual whose record was expunged, that of a sentencing court following the conviction of the individual for the commission of a crime, or that of a bar admission, character and fitness, or disciplinary committee, board, or agency, or court which is considering a bar admission, character and fitness, or disciplinary matter, or that of the commissioner of elementary and secondary education, or that of any law enforcement agency when the nature and character of the offense with which an individual is to be charged would be affected by virtue of the person having been previously convicted of the same offense.


or
http://www.simpsonethics.com/Areas%20of%20Practice/Pennsylvania%20Board%20of%20Law%20Examiners%20Matters.aspx wrote:What kinds of matters could result in the denial of a Certificate of Admission?
Anything that could legitimately raise a question concerning your "character and fitness" is fair game for The Board to consider. In fact, The Board is charged with the duty to consider any such issues. This includes any kind of chemical dependency or abuse, gambling problems, criminal charges (even if you were not convicted, and even if the record of charges against you has been expunged), fiscal misfeasance, termination from employment for cause, plagiarism, disciplinary actions against the applicant while in college or law school, and virtually any act of dishonesty. This list is not exclusive, but is representative of the kinds of things which have caused some of my clients to initially be denied admission to the practice of law or which at least raised a character and fitness issue.


C&F works under the state supreme court. They have access to everything a law enforcement agency would...more actually. (Not all LE can see expunged...I was a cop for 10 years)

Search your state and I'm sure you'll find they are exempted from the seal. As far as I know, only CA is different. And, you still have to disclose a CA expunged conviction if applying to another state.

armyparalegalnco
Posts: 39
Joined: Sat Jan 22, 2011 7:33 pm

Re: Arrest record and law school

Postby armyparalegalnco » Fri Jun 03, 2011 12:18 am

blowhard wrote:
hkgjohn wrote:
blowhard wrote:
hkgjohn wrote:
Uh, you did a national agency check. C&F will receive records direct from each state you lived in and it will show on there. They even get access to expunged and juvenile records that will no longer show when you run it.


I doubt this is true they have access to expunged and sealed records. Your treating the state bar like a law enforcement agency or a administrative court. In my state under statute the only person with access to the expunged record is a AOC court judge. That's it. And those records can only be disclosed in another trial where it pertinent to a particular case and a hearing must be held to release them. This again, only happens in exceptional circumstances.

I submitted both a FBI and SBI 'right to review' request. In both circumstances I was required to disclose a FD-258 fingerprint form, my social sec #, DOB, Place of Birth, Full name, DL, you name it! Both SBI and FBI results came back in a few months 'no arrest record found'. There is some stuff that can be found by private data mining companies on criminal history and more information can be found at the county level but I (pray) I don't have to be too worried about charges dropped and really worried about my DUI conviction.


For example:
http://law.justia.com/codes/rhode-island/2009/title-12/chapter-12-1-3/12-1-3-4/ wrote: (c) Whenever the records of any conviction and/or probation of an individual for the commission of a crime have been expunged under the provisions of this chapter, any custodian of the records of conviction relating to that crime shall not disclose the existence of the records upon inquiry from any source unless the inquiry is that of the individual whose record was expunged, that of a sentencing court following the conviction of the individual for the commission of a crime, or that of a bar admission, character and fitness, or disciplinary committee, board, or agency, or court which is considering a bar admission, character and fitness, or disciplinary matter, or that of the commissioner of elementary and secondary education, or that of any law enforcement agency when the nature and character of the offense with which an individual is to be charged would be affected by virtue of the person having been previously convicted of the same offense.


or
http://www.simpsonethics.com/Areas%20of%20Practice/Pennsylvania%20Board%20of%20Law%20Examiners%20Matters.aspx wrote:What kinds of matters could result in the denial of a Certificate of Admission?
Anything that could legitimately raise a question concerning your "character and fitness" is fair game for The Board to consider. In fact, The Board is charged with the duty to consider any such issues. This includes any kind of chemical dependency or abuse, gambling problems, criminal charges (even if you were not convicted, and even if the record of charges against you has been expunged), fiscal misfeasance, termination from employment for cause, plagiarism, disciplinary actions against the applicant while in college or law school, and virtually any act of dishonesty. This list is not exclusive, but is representative of the kinds of things which have caused some of my clients to initially be denied admission to the practice of law or which at least raised a character and fitness issue.


C&F works under the state supreme court. They have access to everything a law enforcement agency would...more actually. (Not all LE can see expunged...I was a cop for 10 years)

Search your state and I'm sure you'll find they are exempted from the seal. As far as I know, only CA is different. And, you still have to disclose a CA expunged conviction if applying to another state.


Texas doesn't require disclosing of expungements either.




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