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I am current working on my undergrad in speech pathology and was charged with a misdemeanor carrying a concealed firearm a number of years ago. My charge has since been expunged, but I am worried that will not be employable even after the dismissal of my case. Also, I was considering possibly teaching special ED as a backup plan. Would I be bared from teaching with a concealed firearm dismissal on my DOJ record? Any help would be greatly appreciated! Thanks
I am current working on my undergrad in speech pathology and was charged with a misdemeanor carrying a concealed firearm a number of years ago. My charge has since been expunged, but I am worried that will not be employable even after the dismissal of my case. Also, I was considering possibly teaching special ED as a backup plan. Would I be bared from teaching with a concealed firearm dismissal on my DOJ record? Any help would be greatly appreciated! Thanks
No, not automatically. First, you can only be required to disclose convictions, although some charges if they involve children are handled differently. Assuming you were convicted as guilty or took an Alford plea, generally misdemeanors that do not involve children can be waived, although you may have to jump through a couple of hoops, such as appearing before a committee or board that decides if it can be waived. In some states you are not required to list expunged or other admistratively set aside convictions but in others the applications specifically state to list them.
Whatever you do, if the application requires you to list them you need to do it, otherwise you can later be fired for lying on your application if they find out. This is a case where begging for forgiveness is definitely NOT better than asking permission. Really, my best recommendation is to spend a little money on a consult with a lawyer to make sure you don't use the wrong interpretation.
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Call your state dept of education. Ask them. They will tell you if your offense is cause to not be hired. Had a friend in graduate school that was convicted of improper behavior. She called the state and they told her improper behavior was not on the list of disqualification. And, because it was not on the list, they could not report it to the school districts, so the districts saw nothing about improper behavior on her record. This may vary state to state, but that's how it is in NJ.
Generally, you have to give details of arrest(s), even if it was dismissed. Check certification requirements first...they will have a list. Expungement does not give you a free pass.....that itself is a red flag, that you will have to explain. What passes and what doesn't pass can vary greatly on demand. There is always a high demand for Special Ed.....I would say if you brought a concealed weapon to a school, they might neg you. It also seems like whether or not you were fingerprinted upon arrest has a huge impact on how long those skeletons stay around.
Were you a Juvenile? What state did it happen? Was it expunged or sealed? There's a difference. Look at the application for the school district you will be applying for a job. Some say, "Have you ever been convicted of a felony or misdemeanor. Others ask if you've ever been arrested. There is legal advice that says if an arrest or conviction is expunged it doesn't have to be disclosed on an employment application. Don't take a chance. Take OldHag's advice and get a lawyer. Good luck.
Were you a Juvenile? What state did it happen? Was it expunged or sealed? There's a difference. Look at the application for the school district you will be applying for a job. Some say, "Have you ever been convicted of a felony or misdemeanor. Others ask if you've ever been arrested. There is legal advice that says if an arrest or conviction is expunged it doesn't have to be disclosed on an employment application. Don't take a chance. Take OldHag's advice and get a lawyer. Good luck.
No I was not a juvenile and it was in the state of CA. Also, it was expunged.
I'm not sure about the process exactly but you can probably get your records sealed.
My husband had a bull**** DUI charge on his record. He had one beer and then was pulled over for a broken tail light. When he blew and it came up as 0.01 the cop thought the machine was broken and arrested him for DUI. He demanded they take a blood test once they got to the station. Blood test? 0.01.
When companies did background checks the DUI arrest would still show up even though the charge was expunged. He finally went about having the records sealed (took some time but wasn't complicated) and he doesn't have to worry about it anymore. This was in CO.
I know somebody who was arrested for accessory to shoplifting (he unknowingly drove someone, who had stolen from Walmart). He was very worried about his Series 7 license to sell securities. An expungement cost him 4500, but he says that is almost more of a red flag than the simple misdemeanor, and he would never have done the expungement had he known what a big trail that makes. In Virginia, by law, the courts destroy all misdemeanor records after 10 years...but the catch 22 is that the arrest will still be there, and then you are unable to provide documentation on the outcome of the case.
I have been there and done that with more serious charges than you faced. My charges were eventually dropped.
If you were not convicted it is like it never happened. It will not show up on any search and you can legally answer "no" to a question asking if you have ever been arrested as the arrest is legally nullified without a finding of guilty.
that's not true...and the question will specifically state "regardless of disposition." Police and court records might disappear, but the FBI NCIC will not...which is any time you were fingerprinted upon arrest.
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