Posted: 2/20/2016 3:53:06 PM EDT
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My CCP expired last week, it was issued 5 years ago iirc.
Are the permits "shall issue" as long as you are legal, or does the sheriff have the right to deny based on his opinion? I was arrested for DV3 harassment a few years ago, it was dismissed and I proved it was a false statement by an ex looking to create leverage. I pass background checks, some instant some delays for a day or so. Thanks |
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Quoted:
Get it expunged. Faster, easier and cheaper: make a request that the court clerk update the record to show the disposition of the case. The delay is only because there is no disposition on record. A phone call usually gets it done, a polite letter seems to always work. Any pre-employment screening company reporting that case is likely in violation of the Fair Credit Reporting Act and can be easily lit-up. MikeN MikeN |
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Quoted:
Faster, easier and cheaper: make a request that the court clerk update the record to show the disposition of the case. The delay is only because there is no disposition on record. A phone call usually gets it done, a polite letter seems to always work. Any pre-employment screening company reporting that case is likely in violation of the Fair Credit Reporting Act and can be easily lit-up. MikeN MikeN Quoted:
Quoted:
Get it expunged. Faster, easier and cheaper: make a request that the court clerk update the record to show the disposition of the case. The delay is only because there is no disposition on record. A phone call usually gets it done, a polite letter seems to always work. Any pre-employment screening company reporting that case is likely in violation of the Fair Credit Reporting Act and can be easily lit-up. MikeN MikeN Really. It's funny you say that cause I just had to explain it to my soon to be employer. I was asked about the arrest and told them the story, was still hired. To be clear, it's a temp agency that asked. I'm doing the 90 days to hire process so the actual company I work at didn’t say anything. |
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Quoted:
Really. It's funny you say that cause I just had to explain it to my soon to be employer. The Fair Credit Reporting Act (FCRA) - the same law that affects credit reporting agencies - also applies to pre-employment screening services. The FCRA is pretty sensitive to arrest records because of the recognition that an arrest record can lead to undue suspicion and/or unwarranted discrimination. In VERY general terms: If an arrest record is 'closed' with a disposition of "nol pros", "dismissed", "not guilty", "no bill", or similar, it should not be reported during an pre-employment screening. Those dispositions indicate that the person either will not be prosecuted for the alleged crime or they were found not guilty of it...basically, that they didn't do it...and they shouldn't be held accountable for it. In those instances, the FCRA doesn't provide any protections for any pre-employment screening agency for reporting the arrest. "Open" arrest records...records without a disposition...or convictions ARE reportable on pre-employment screenings, and the FCRA provides very strong protections for any pre-employment screening agency for reporting that information (pre-employment screening services wouldn't be able to provide their services without those protections). Even with those protections, there are some restrictions on how long between conviction and inquiry that some convictions can be reported (with some exceptions, the general rule is that convictions can be reported for 7 years after the date of conviction. For executive management-level employees, and employees with access to company money, that time can be extended to 'forever'...hopefully for obvious reasons) . What it reads like is that you have an 'open' arrest record which suggests that some criminal charge may still be pending to someone wihtout direct knowledge of the circumstances (regardless of how long the record has been open). That is why the NICS system balks sometimes, and it is probably why you were asked about it. That your employer/potential employer didn't take an adverse action against you based on the information strongly suggests that they understand the process and are respectful of it. Many aren't... As mentioned by another, one option is expungement - a formal legal process where the record is 'disappeared' from the public records system. That is an option, but it can lead to some very curious circumstances in where you might be asked "Have you ever been arrested?" and answer "Yes" truthfully, but the public record doesn't show it or the disposition*. An expungement makes the record disappear, but it doesn't change the fact that someone has been arrested/convicted/etc. To me, better is to go to the court and request that the disposition simply be entered into the court record. Adding a disposition, "closes" the record so that no one with an official reason to make inquiry has to go looking for the disposition (the most common reason for a hold on a NICS check). Another advantage of the disposition being added is that there is no cost. Expungements can get expensive if someone gets intransigent during the process. Congrats on the job BTW... MikeN *: I ran a pre-employment screening company for a few years and one of the repeating issues revolved around asking applicants the "Have you ever been arrested?" question. Personally, I think that question violates the FCRA and possibly the EEO laws/rules...at least in spirit, if not in-fact. OTOH, Asking if someone has been convicted of anything - including minor traffic violations - or if they have any PENDING charges - is completely reasonable and explicitly permitted by the FCRA. My recommendation to clients was to NEVER ask the "Ever Been Arrested" question, but many did and still do. Should they have taken an adverse action against you - e.g., denying employment based on that information - you quite likely could have had a cause of action against the agency that provided the info. Truth be told, the vast majority of employers don't care that someone might have a conviction in their background as long as it isn't a serious crime of violence, a theft, or a drug offense. They just want to know that potential employees simply be honest with them about 'who' they are and what kind of person they have been in their life. |