Over 70 million American adults have a criminal record. Most continue to find significant hardships as a result of mistakes made earlier in life, sometimes decades ago. With so many people affected many rumors and myths work their way into “common knowledge”.
Here are several of the more common myths:
If you are arrested but not charged or convicted, then you have no record. This is FALSE.
• The arresting agency will still maintain record of the arrest
• The court records will still show that your case was dismissed/nolle prosse
Like a bankruptcy, criminal charges or convictions will drop from your record after a certain period of time. This is FALSE.
• There is no “expiration date” for a criminal charge
• Only a few states will automatically clear a minor charge (TN alcohol charges under 21, excluding DUI)
• As states automate their historical records, more people are finding that arrests or charges from decades ago are showing up anew.
Once your record is cleared with the court system and arresting agency, it is completely gone. This is FALSE.
• Even if you do receive an expungement or your record is sealed by the courts, countless for-profit internet database reporting and background check companies still retain those records. The courts make no effort to contact these firms.
All juvenile records are automatically sealed when you turn 18. This is FALSE.
• Not all states automatically seal your juvenile record (Example: In California you must petition the court after you have turned 18 or wait 5 years from completion of sentence if under 18)
Employer background checks only go back 5-7 years. This is FALSE.
• With background check companies there are no time limits. Someone interested enough to request a report on your background wants ALL of your history.
• The Consumer Reporting Employment Clarification Act of 1998 was signed into law by the President on November 2, 1998 and removed the previous time period limitations for criminal conviction histories.
Its really not fair that employers can check more than 7 years because isn't that a pretty good sign that you have changed if you have gone 7 years without any trouble? How do they expect people to move on with there lives if they can't get a job?
I have a clear record--but my husband (now ex-husband)doesn't- he belonged to a gang. When I go for a job--everything goes well until the background check---I am marked as an asscociate of this gang and that He went to prison. Same happens if I get pulled over by the police. I have not commited any crime--but I carry this burden..Can it be removed--so I can get a job and have a life--I have 2 children and have been struggling? Help !
Lori
Lori, sorry to hear about your troubles but I will be more than happy to help with what I can. First, I would need to know what state(s) may be linked to your record. Secondly, even though you may have never been convicted of anything- have you ever had any encounters with law enforcement?
i have a (b) misdeameanor in the 5th degree attepmt posession of stolen property no jail time and no probation. and till this day it is hard to get a job in NYC. no job haven't hired me because of my conviction. this happen two years ago. it is hard the way life is, i haven't had no problem with the law. im keeping myself in a positive way. i want to know if any one could help me.
Even though you are not convicted or not charged, there will still be a record of you in the police's archives. And it will always be there. This is difficult when looking for a job because you will get police clearance and it will be shown in there. The records, files or data will not be gone though the court or the agency cleared you out. Try to search for criminal records and it will always be there but if you petitioned I guess, it's possible for it to be trashed.
I am under 18 and i did a crime ...as soon as i pay for it will it be off my record? because everyone is telling me that when i turn 18 it will be off my record?
will any jobs except you bith a bad record? or a university?
I think that a good plan for any one, with or without a criminal record, is to complete a background check on themselves. This allows them to see what potential employers see. It can also save from identity theft and give you opportunity to fix any discrepencies. I suggest using
I was convicted of a dui when I was 16 years old. I am now 30 years old and this dui still shows up on a background check for employment. I thought I remembered them saying that this would not show up on my permanant record. Is there any way to get this removed from my record now?
regarding above posting. The DUI happened in Florida. --mason
i just droped 9 grand in the states hands for restitution that me and 6 other people owed. i payed my share and their share. the DA said its real onerable that i did that and made a request for me 2 get released from paper and drop my charges 2 misdemenors. idk court is 2morro. ill post what happens. after that ima stay outa trouble and wait 5 years n request to have
About 5 years ago i was force to say the i was stealing from the place i was working for Duane Reade now everything i go for a Retail it comes up as i was stealing and i wasnt How can I fix this problem because it is preventing me from getting a Job
I am serving probation for a felony (theft of property over 10000) I was stupid and got involved in the wrong crowd. However I am blessed I have 2 years left of a 3 year probation period and the judge said that i complete probation with no problems and I will get it expunged and my lawyer said she would take care of the rest. I just need to know the website or the most common ones that will need to be contacted when that day comes so they can stop putting my info out there since it will be expunged
I HAD MY RECORD SEALED THREE YEARS AGO BUT IT STILL SHOWS UP IN ALL THE DATABASES. I SPOKE TO MY LAWYER AND SHE ASSURED ME THAT EVERYTHING WAS DONE CORRECTLY. WHAT ELSE CAN I DO TO PREVENT MY INFORMATION FROM SHOWING UP IN THE DATABASES?
about 5 to 6 years ago i charged my husband and then i dropped the charges but when my husband went to court he was charged anyway. I want to help him clear his name because i dont like what happened that day he was charged and now has a record. i just need some advice how to help him out and i want to suprise him and we are still together even this happened. we been married for 19 yrs now and i really want to help him clear his name.its very important.
I have a few misdemeanors on my record going back over 10 years. they where for credit cards. i used stolen cards.no felonies . no jail time .i was a drug addict. have been in recovery for almost 11 years now.i'm in school taken criminal justice.is there anyway i can clear my record and try to get into law enforcement
14 years ago two guys followed me in a car telling me to pull over so they could kick my blank because i did a hand jesture to them for all most plowing into me two and a half miles later i stopped they ran up to my car and i pulled a firearm and struck him with it.Anyway i got charged with agg assault with a deadly weapon 10 years prob i was let off in 5 i have not been in trouble since i was hoping to see if somehow could get it exspunged im not a criminal i learned my lesson im a mason and a shriner so could someone please help me.
My friend was charged last week involving her spouse. The company that she works for has placed her on leave without pay until they know what charges my friend will be convicted of, so she is looking for a job right now. Any tips or suggestions on whether this will be on her record, and what kind of jobs do you think will hire her with this type of charge against her?
i have a problem with my Youth Offender and a misdeameanor can u guys help me with a few questions?
I got a battery charge and plead guilty in 2005 it was a misdeameanor and now I can't have my record sealed for 7 years after I was released from probation that is a dumbass law cause that means that I have to be on (probation) for 10 years. And this is the only thing I have been in trouble for in 30 years
I had a fingerprint check done by the agency I am doing an internship. The results came back that I have a criminal record dating back to January, 1974 relating to an immigration deportation issue. Here is the situation; I had my fingerprint taken in 1974 when I applied for permanent residence. I have since become a citizen of this country. I have never been arrested or convicted of any criminal activity. How can an agency make this mistake? How do I clean up this mess?
My boyfriend has a class c felony for burglary. ( he was 17 at the time, and now he is 26 ) how long will this show on his record, and what kind of jobs should he look for?
About 10 years ago I was in a bad relationship and was charged with 2 domestic violence charges because in wyoming if you try to defend yourself you get charged no matter what. So now Ive went threw counceling and have been diagnosed with PTSD, and depression, got on meds. Havent even had a speeding ticket or anything in 10 years but even though these were not felonys I can't seeem to find a job. No one wants to hire me because of this. I even just obtained an associates degree in Management with a minor in IT, but am deemed unhireable becasue of a few mistakes i made a decade ago. I no longer live in Wyoming, do I have to disclose my convictins, and or can I get into trouble for not disclosing them? I got help and I even did volunteer work for a battered women and children shelter just to help with this. Nothing I do makes a difference. Its not fair. I feel like my life was ruined before it even got started.
21 years ago i was charged with felony drug distrubition. I helped a friend get *********** for $5.00. I was given 2 years in prison and that was supended on 5 years probation. I was released from probation 3 years later and have never been involved in any other problems. I need to have this removed from my record if that is option. I was trying to find some help or advice on how I can make this happen and what my chances are of this going away. thanks
I have a problem with my husband three years ago, here is it. My husband hold my arm so hard i scared that day i didn't want anything more to happen i had called 911 so the can get him out the house that night. They wanted me to get him arrested i said no they police gone after they came back they arrested me and my husband charge us with attemped assault. The one who arrested me said to me i don't want to arresting you i don't see anything you done but my supervisor told me to. And i did'nt do anything to him this is so wrong this is a day i will never forget they force me to say i'm guilty i never been to trouble before never been to court did'nt speak english totaly confuse even though i did'nt speak english i understand evrything they did i'm still in shock i feel the took advantage of barely english that day. Can someone help me please ?
Hi, I am 17 years old. I was recently charged with theft and told that if I am found guilty (most likely) it will be in my PERMANENT record and will never be able to get expunged.
Is this really the case? Because of such a small stupid crime I commited I will not be able to get a descent job?
Hi,
I filed for an expungement eight months ago and was granted and everything was all good. So a week ago I applied to get an apartment and somehow they pulled up my record that was suppose to be destroyed. How is that possible and what can I do so that I can move on with my life?
What is a good place to do a full background check myself? I am loosing jobs (even after signing contracts) at the last minute "Funding has dried up" or whatever excuse.
I want see what exactly is on my background.
Please recommend a reputable site with thorough background checks.
Thank you.
I was 19 and caught shoplifting with a group of friends. This was over one year ago. I paid my debt but I am banned from the mall (for three years) and the retail store (for life). I was never arrested, but I went to court. I was told it would not be put on my record, so my record is clean as far as I know. I am applying for an internship and they require the Kroll employee background check. Will that incident show up? What can I do to make sure my record is clean?
I have a record, I'm 17. It's been a year & a half. I'm still on probation, will I be able to go into University ? :S
Two years ago I was charged with a misdemanor of petite theft, the case was dropped because I did this program I never had any criminal history. Now Im applying to the nursing program which they do a Background check level II will that show up and prevent me from getting in?
I am 32 years old. I recently went to nursing school, and because of the 2 DUI's on my record, it was very hard to get a license AND a job. I did, however, but I am looking for a new job. It seems no one will hire me because of these DUI's. One was in 1998 and the other in 2004. I was recently denied a position at a state prison, even though I had an excellent interview (so they said) because of my background. Is there anything that I can do to make myself more hireable?
...my 2 DUI's were in GA
hello, i was charged with a misdemeanor in january 2004. And someone once told me that after 7 years, your record is sealed. well i dont mean sealed. but its hidden from companies that do background checks. is this true? because ive paid 120 bucks to get it off my record, but then then sent home a letter saying i violated probation. ( i was 1 min late to weekend work program ) and now they say i have to get an attorney to get it cleared. i find that ridiculous. any help?
I got e few misdemenor's & Im wondering if I can get rid of them it's, been exacly 7 years ago
I was fired today for stealing $353 worth of clothing over a period of time but the police were not called. Will this go on my permanent record?
I agree with the comments made above. The purpose of the Judicial System is to rehabilitate the person to societal norms. Since my DUI conviction I completed a Dual Degree program in Criminology and graduated with honors from local and accredited Colleges and universities yet I cannot gain employment due to the current systems lifelong record keeping which is not certainly fair or fair....
My only option is to become a ward of the state via federal Assistance since I cannot find work in my Professional field……