No records in criminal history report.

Asked about 1 year ago - Houston, TX

Had a conviction in 2001. Federal court, non-violent, Felony C, no arrest or jail. No offenses after that. Look for employment and my background report was checked several times (by agencies and police). It comes clean. What should I do about that? How to answer the application re: criminal history? I was asked - are you sure you had something. Or maybe I'm dreaming. Don't want to be on a wrong side of the law ever!

Attorney answers (4)

  1. Wayne Allen Fowler

    Contributor Level 13

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    Lawyers agree

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    Answered . You are taking the proper approach in fully disclosing your prior conviction. However the employer did (and where they did) their check can sometimes give inconsistent results, but that does not mean that something is wrong or that there is a problem. If they can't find it then good for you. But don't let that lull you into a false sense of security. One department may find you in a split second. Don't let them be the one that you decide not to mention the conviction after they ask. Good luck.

  2. Raymond George Wigell

    Pro

    Contributor Level 19

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    Answered . Truthfully is the answer to your inquiry. The information you provide is inconsistent. If you have a conviction it should be on your record. Obtain a copy of your court records and Consult and retain an experienced federal criminal defense attorney to determine your options.

    Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be... more
  3. Joshua Sabert Lowther

    Pro

    Contributor Level 17

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    Answered . If you are absolutely certain that you were convicted (and not allowed to participate in a pretrial diversion program and a Class C felony was dismissed upon your successful completion of the program's requirements), then the only correct answer is the one that you suspect, which is the truth. There is no expungement procedure for any conviction in a federal court, and although this National Crime Information Center inaccuracy may be advantageous to you in certain situations, your failure to disclose the conviction and then the inaccuracy's being corrected and discovered by your employer likely will cause your termination from that employment. More importantly, any such misrepresentation under penalty of perjury (for example, a person may have to certify that he or she has no felony convictions to work for a government contractor on even a temporary government job) may result in a criminal prosecution. Also, remember that the district court maintains a hard-copy of the records.

    Joshua Sabert Lowther, Esq.
    NATIONAL FEDERAL DEFENSE GROUP
    jlowther@nationalfederaldefense.com
    http://www.NationalFederalDefense.com
    866.380.1782

  4. Stephen F Wallace

    Contributor Level 19

    Answered . As mentioned in your other question, you need to be truthful about your record and seek help with an attorney that may help you with a possible expungement.

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