Re: Expungement, Background Checks and Georgia Law....and NA

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Posted by rl on December 26, 2002 at 13:17:07:

In Reply to: Expungement, Background Checks and Georgia Law....and NASD posted by JamesD on December 26, 2002 at 02:05:39:

: Hello... When I was 19 (I am currently 24), I was arrested for a VERY minor fight I had with my father. To make a long story short the final disposition of the case (of simple battery) was no accusation filed and someone in the DAs office told me that NOONE - excluding feds,etc- would ever see this arrest. I work in the securities industry now (graduated from a top school two years ago) and every company performs an "FBI background check" pursuant to the rules of the NASD (National Association of Securities Dealers..i think).

: I filed an expungement kit a few months ago and finally contacted the GBI to follow-up to make sure everything went smoothly. He informed me verbally that my records would be expunged the day before Thanksgiving this year. I am at home for the holidays (where the offense occured) and am going to the courthouse tomorrow to "make sure" everything is destroyed.

: ****Is there anything I should be aware of because I would like to ensure that this doesn't accidentally come up in another background check?? The reason why I am concerned is that my previous employer found out about the arrest and forced me to write explanations of what happened and submit it in writing to them (I feel like they were close to firing me and my new boss treated me very differently after he found out)...It was utterly humiliating to say the least..

: Thanks for your help in advance,
: James
**I am from NY and am familiar with NY laws but not Ga. But I am generally familiar with this process of expungements, though not 100%.

You may want to investigate Ga's criminal procedure laws-ie regarding sealing/expungements. You can find out exactly which statute was applied to your case this way. I have a non-criminal violation on my record. The 'criminal" portion(fingerprints, arrest info)) has been sealed so if I am fingerprinted by NY state there would be a 'no record found". But if someone did a local background check (courts) there would be a record of having been in court and having pled guilty and sentenced (but no arrest info given out).

You mention the dispo was "simple battery with no accusation filed". Does this mean you were convicted of the simple battery but they took the arrest off your record? Things can get tricky. There are at least 2 parts to criminal records, one the arrest charge, the other the court disposition. Were both taken off your record or only one? Do a background check with fingerprints on the state level and send for a background check from the court that you were involved with. This is the only way to know what your record says about your case. DA's office staff sometimes don't even know everything themselves.

My point is, check everything out for sure, don't take anyone's word for it.

Best Regards

Also note that if Ga did not make a practice of sending a sealing order to the FBI your record may still be with the FBI. And if you are fingerprinted by law enforcement for any reason the can see your entire record, sealed/expunged information and all.

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: : Hello... When I was 19 (I am currently 24), I was arrested for a VERY minor fight I had with my father. To make a long story short the final disposition of the case (of simple battery) was no accusation filed and someone in the DAs office told me that NOONE - excluding feds,etc- would ever see this arrest. I work in the securities industry now (graduated from a top school two years ago) and every company performs an "FBI background check" pursuant to the rules of the NASD (National Association of Securities Dealers..i think).

: : I filed an expungement kit a few months ago and finally contacted the GBI to follow-up to make sure everything went smoothly. He informed me verbally that my records would be expunged the day before Thanksgiving this year. I am at home for the holidays (where the offense occured) and am going to the courthouse tomorrow to "make sure" everything is destroyed.

: : ****Is there anything I should be aware of because I would like to ensure that this doesn't accidentally come up in another background check?? The reason why I am concerned is that my previous employer found out about the arrest and forced me to write explanations of what happened and submit it in writing to them (I feel like they were close to firing me and my new boss treated me very differently after he found out)...It was utterly humiliating to say the least..

: : Thanks for your help in advance,
: : James
: **I am from NY and am familiar with NY laws but not Ga. But I am generally familiar with this process of expungements, though not 100%.

: You may want to investigate Ga's criminal procedure laws-ie regarding sealing/expungements. You can find out exactly which statute was applied to your case this way. I have a non-criminal violation on my record. The 'criminal" portion(fingerprints, arrest info)) has been sealed so if I am fingerprinted by NY state there would be a 'no record found". But if someone did a local background check (courts) there would be a record of having been in court and having pled guilty and sentenced (but no arrest info given out).

: You mention the dispo was "simple battery with no accusation filed". Does this mean you were convicted of the simple battery but they took the arrest off your record? Things can get tricky. There are at least 2 parts to criminal records, one the arrest charge, the other the court disposition. Were both taken off your record or only one? Do a background check with fingerprints on the state level and send for a background check from the court that you were involved with. This is the only way to know what your record says about your case. DA's office staff sometimes don't even know everything themselves.

: My point is, check everything out for sure, don't take anyone's word for it.

: Best Regards

: RL

: Also note that if Ga did not make a practice of sending a sealing order to the FBI your record may still be with the FBI. And if you are fingerprinted by law enforcement for any reason the can see your entire record, sealed/expunged information and all.

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