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Old 11-28-2008, 01:30 AM
 
Location: The Bronx.
21 posts, read 63,388 times
Reputation: 21

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Quote:
Originally Posted by rlrl View Post
I think they can get the info because they're LE and you have to reveal every arrest regardless of the disposition. they will hear the facts and know of the expungement, what kind of decision they make is up to them
They're not allowed to obtain access to the files unless granted permission by the court who authorized the expungement order. Plus, they can not ask you to disclose information about a case that is covered by an expungement order. Now, if you volunteer information, you defeat the purpose of getting the charge expunged! But, in response, no, you do not have to disclose anything about anything if your case has been expunged. You can lawfully answer no when asked and they can not mandate you to proceed.
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Old 11-28-2008, 01:39 AM
 
Location: Neither here nor there
1,809 posts, read 7,066,439 times
Reputation: 557
Quote:
Originally Posted by Marine5811 View Post
That's what the NYPD wants people to think. A buddy of mine that served with me in the Marines just got out and attempted joining the July 2008 academy class. His investigator told him, since he had been summonsed for jumping the turnstile when he was 17, they wanted to give him some time to see if he would fall back into his old ways!!
Mind you, my buddy got out with an Honorable discharge, he was a military police officer for 8 years on active duty, served 2 1/2 years in Japan as an MP, was a physical security chief and a substance abuse counseling officer!!
So, because he hopped the turnstile when he was 17 his 8 years of active honorable service is discredited??
It's a shame how this country begs and begs for people to join the military and defend this nation so that when we come home, we're looked at like we're not worth the blood, sweat and tears that we shed to provide the very opportunities that civilians take for granted on a day to day basis. It's sickening!

I agree with you man. Wow,I didn't know jumping the turnstile was the crime of the century. Just about everybody did that back in the day. Your buddy got a raw deal. I hope he can appeal that decision. Unfortunately the Iraq and Afghanistan war vets are going to be the next waves of homeless people in America.
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Old 11-28-2008, 01:49 AM
 
Location: The Bronx.
21 posts, read 63,388 times
Reputation: 21
Quote:
Originally Posted by vantastic10 View Post
I agree with you man. Wow,I didn't know jumping the turnstile was the crime of the century. Just about everybody did that back in the day. Your buddy got a raw deal. I hope he can appeal that decision. Unfortunately the Iraq and Afghanistan war vets are going to be the next waves of homeless people in America.
You know what the sad part about that statement is? You're probably right. When I first got back home to New York, I arrived in the Port Authority bus terminal. As I was walking towards the trainstation, with my military bags in tow, I noticed a homeless man on the street with a sign asking for food or money. As I continued walking down the block, he got closer and I could see on his cardboard sign, was a picture in black and white of him wearing the same exact uniform that I was wearing right then! The beloved Marine Corps dress blues. This man with long dirty gray hair, ripped pants, stained shirt and jacket, long over grown beard was a former U.S. Marine, WWII Veteran!!!
When I got to him, he stood in front of me and saluted me! I saluted back and we shook hands. It was pretty cold outside. When we shook hands, I swore he had his hands in a cooler for a period of time before we met. I went into my wallet and gave him what I had. It wasn't much, about 30 dollars. As I handed it to him, I said, Semper Fi, brother. Once a Marine, always a Marine!" He thanked me and I went on my way home.
So sad, so true!
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Old 11-28-2008, 11:28 AM
 
Location: Neither here nor there
1,809 posts, read 7,066,439 times
Reputation: 557
Quote:
Originally Posted by Marine5811 View Post
You know what the sad part about that statement is? You're probably right. When I first got back home to New York, I arrived in the Port Authority bus terminal. As I was walking towards the trainstation, with my military bags in tow, I noticed a homeless man on the street with a sign asking for food or money. As I continued walking down the block, he got closer and I could see on his cardboard sign, was a picture in black and white of him wearing the same exact uniform that I was wearing right then! The beloved Marine Corps dress blues. This man with long dirty gray hair, ripped pants, stained shirt and jacket, long over grown beard was a former U.S. Marine, WWII Veteran!!!
When I got to him, he stood in front of me and saluted me! I saluted back and we shook hands. It was pretty cold outside. When we shook hands, I swore he had his hands in a cooler for a period of time before we met. I went into my wallet and gave him what I had. It wasn't much, about 30 dollars. As I handed it to him, I said, Semper Fi, brother. Once a Marine, always a Marine!" He thanked me and I went on my way home.
So sad, so true!
What a sad story,figure you have over 150,000 troops still out there. A lot are going to come back with not only physical but emotional issues as well. The VA hospitals can only do so much. I have seen stories about this on the news. Going back to the NYPD,they say only 1 out of every 10 applicants make it,they go through every little detail of your entire life.

Have you considered DSNY? To my surprise they have ex murderers on the job,I always thought that if you had any kind of felony on your record that it would be impossible to get a job,even more so a civil service job. They give you a 5 point credit for being a vet,they add that on to your exam score.
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Old 11-28-2008, 01:01 PM
 
Location: The Bronx.
21 posts, read 63,388 times
Reputation: 21
Quote:
Originally Posted by vantastic10 View Post
What a sad story,figure you have over 150,000 troops still out there. A lot are going to come back with not only physical but emotional issues as well. The VA hospitals can only do so much. I have seen stories about this on the news. Going back to the NYPD,they say only 1 out of every 10 applicants make it,they go through every little detail of your entire life.

Have you considered DSNY? To my surprise they have ex murderers on the job,I always thought that if you had any kind of felony on your record that it would be impossible to get a job,even more so a civil service job. They give you a 5 point credit for being a vet,they add that on to your exam score.
To be completely honest, no, I haven't thought about DSNY. But, that's only because I'd prefer to remain in my area of expertise. I've been working in law enforcement for 6 years. Not to mention, being a volunteer police officer from age 18-20. DSNY has Sanitation Police but, I had a friend who did that and he told me that you have to be a regular sanitation worker for about 2 years before you're eligible for that job.
That does seem like a good job though. But, just doing 2 years doesn't automatically mean you'll get the job. So, what happens if someone goes through the 2 years just to do Sanitation Police and they don't get the job? You've just wasted 2 years of your life, when quite possibly another department would've hired you.
Anyone ever heard anything about SeaGate Police? I used to work there.
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Old 11-29-2008, 05:08 AM
 
Location: The Bronx.
21 posts, read 63,388 times
Reputation: 21
Default Requesting information on expungement.

Does anyone know of any websites that might be useful if I were attempting to find out the New York State laws on expunged records? For instance, if my arrest record was expunged in Virginia, can an employer in New York mandate me to disclose information about the case even if it is expunged??
I know the Virginia law already. What I can't find is the New York State law.
Any help would be greatly appreciated. Serious responses only please. Thanks again.
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Old 11-30-2008, 10:15 AM
 
85 posts, read 415,864 times
Reputation: 54
Your arrest was expunged and you were found not guilty, so you should do the following: Obtain copies of all the paperwork in regards to your case that you can because your background investigator will want it. You need to definitely reveal this to the PD becase on the outside chance they do not find it now, if it is found out later (say in 8-10 years from now when you are married with 2 kids and a mortage) you will be fired, no doubt about that. You won't be fired for being arrested, but for falsifying your background. It may take you a little longer to get the job, but it will be worth it in the long run.

Good Luck and Semper Fi!
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Old 11-30-2008, 11:34 AM
 
12,115 posts, read 33,717,687 times
Reputation: 3868
here's a question--if you had a violation(non criminal offense) conviction in NY and your prints were removed from your FBI record when the record was sealed (and you have proof from the FBI that you have no arrest record after you ran your prints with them), can they still be uncovered by the police or immigration?
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Old 11-30-2008, 06:19 PM
 
Location: The Bronx.
21 posts, read 63,388 times
Reputation: 21
Quote:
Originally Posted by rlrl View Post
here's a question--if you had a violation(non criminal offense) conviction in NY and your prints were removed from your FBI record when the record was sealed (and you have proof from the FBI that you have no arrest record after you ran your prints with them), can they still be uncovered by the police or immigration?
Thanks for your interest in trying to provide me with useful information guys. But, I've contacted an attorney and have come up with the following on New York State law.....
Question: May a background check contain records non-criminal convictions (violations) in New York State?
Answer: No. A background check MAY NOT report non-criminal convictions regardless of how long ago they occurred.

So, lawfully, they can not uncover it. Now, ratting yourself out is a different thing. That's why they stress the phrase, "We're gonna find out." They want you to get scared and disclose everything. It's a trick. When I joined the Marines in 2002, I had to undergo all types of interviews and background checks. They all said, "We're gonna find out everything. So tell us now. If we find out later, you could be kicked out and/ or locked up for falsifying official government documents." My recruiters told me to say no to EVERYTHING. I mean, EVERYTHING! They didn't even want me to say that I had ever been to the hospital! I was scared because I thought I would get caught and get kicked out or locked up. But, truth be told, they found out nothing that I didn't disclose.
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Old 12-04-2008, 12:15 PM
 
12,115 posts, read 33,717,687 times
Reputation: 3868
thanks. what you speak of pertains to consumer reporting companies doing a background check. in that case a violation cannot be reported. however i wonder if the fbi/ncic can still turn up an arrest that was expunged from the fbi

does anyone know?
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