I'm pretty sure expungment is an entirely separate process if I'm not mistaken.  If you've gone through the process of being charged and tried for a crime, even if you were found innocent or exonerated or whatever the result, I believe it's still a matter of public record forever and ever, unless as you say, it gets expunged.  Not even a Presidential pardon as I understand it is the equivalent of an expungment if I'm not mistaken.  I'm not an attorney, but I'm pretty darned sure of that which I say on this subject.  Any lawyers out there who wish to offer a ruling on this?  I can always be wrong.  That's why I try never to speak in absolutes.  This level of the discussion is moot for me because I'm not an attorney and any opinion I have on the subject emanates from an orifice from which oratory is not worth the time it takes.

Tim


From: JD Austin <jd@twingeckos.com>
To: Main PLUG discussion list <plug-discuss@lists.plug.phoenix.az.us>
Sent: Thu, September 16, 2010 3:03:40 PM
Subject: Re: OT - Explaining periods of unemployment on an application

I'm glad I don't work somewhere like that.  If I was acquitted/exonerated of a crime I wouldn't list it on an application either!  I can't think of a reason anyone would.  If it was a crime I'd been convicted of that was later expunged I would list it though; perhaps that is what you're referring to?   

On Thu, Sep 16, 2010 at 14:54, Tim Bogart <timbogart@yahoo.com> wrote:
No.  Maybe I didn't explain it clearly enough.  No, they did not terminate people for having a brush with the law and being found innocent or acquitted or for whatever reason, were not convicted.  They terminated those people for FAILING TO DISCLOSE their brush with the law, and the accompanying details on the application.  Understandable in my mind.

Tim...


From: JD Austin <jd@twingeckos.com>

To: Main PLUG discussion list <plug-discuss@lists.plug.phoenix.az.us>
Sent: Thu, September 16, 2010 2:48:46 PM

Subject: Re: OT - Explaining periods of unemployment on an application

Hold on.. they fired people that were ACQUITTED of a crime?  That seems a bit too far :(
If a court can't find them guilty how can an employer?


On Thu, Sep 16, 2010 at 14:38, Tim Bogart <timbogart@yahoo.com> wrote:
I like your response.  At a company with which I worked for many years, many years ago used to send me email on a daily basis listing folks who had been terminated.  Of those, many were terminated because of falsehoods on their applications.  And of those, not nearly, but ALL were due to information omitted regarding some crime that the individual had committed.  And they ran the gambit from robbery to murder.  Yes, murder, believe it or not. But in fairness, of those, they involved folks who had been tried for murder and had been exonerated by some means (found not guilty, thrown out due to mistrial or other reasons) but the point is that they had concealed the facts regarding criminal activities (I mean seriously, how can you forget to list something like that, or how can you think it somehow doesn't qualify as something a potential employer would not be interested?) that are easily checked.

Tim B.

I'm sticking with Grandpa Jones here...
"True is stranger than fact."
Hee-Haw


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