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No records in criminal history report.

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!

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Attorney answers 4

Posted

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 relied upon to make any legal decisions. Seek the advice of an experienced criminal defense attorney in YOUR JURISDICTION -BEFORE you do or say anything. Law Offices of Raymond G. Wigell, Ltd. Admitted in Illinois and Federal District Courts in Illinois(Northern, Central and Southern Districts) and Indiana(Northern District), Defenders of the Constitution since 1975; Aggressive Creative Defense Strategies. Website: www.waaltd.com Email: rwigell@waaltd.com Available - 24/7 Office (708)481-4800 Cell. (708)218-0923

Posted

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.

Posted

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.

Stephen F Wallace

Stephen F Wallace

Posted

18 U.S.C. § 3607. Special probation and expungement procedures for drug possessors

Stephen F Wallace

Stephen F Wallace

Posted

Pardons: On usdoj.gov, applications for expungement of a federal criminal record are available for download. There is a five-year waiting period after release from prison or from the conviction date if not incarcerated

Posted

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

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