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Re: Appointment Denied Due to Background- is There a Way to Appea
Yep and the form police will be on your tail......
Yep and the form police will be on your tail......
Appointment Denied Due to Background- is There a Way to Appeal?
- Thread starter mgoodin08
- Start date
Re: Appointment Denied Due to Background- is There a Way to Appea
Expunged does not mean removed, though most people interpret it that way. Expunged, at least in CA, simply means that in public records, it is changed from convicted to dismissed. The conviction still stands though.
Usually, it just means the record is sealed, except for law issues, such as future court cases.
Put simply, expunged means you are still guilty of the crime, just most people won't see it, unless you are in California (and some other states) where as I understand it, the conviction shows up in a way they know it was expunged, or at least in a way they will ask questions.
Your better option is to petition the court to make it a misdemeanor.
Dan
Expunged does not mean removed, though most people interpret it that way. Expunged, at least in CA, simply means that in public records, it is changed from convicted to dismissed. The conviction still stands though.
Usually, it just means the record is sealed, except for law issues, such as future court cases.
Put simply, expunged means you are still guilty of the crime, just most people won't see it, unless you are in California (and some other states) where as I understand it, the conviction shows up in a way they know it was expunged, or at least in a way they will ask questions.
Your better option is to petition the court to make it a misdemeanor.
Dan
- 415
Re: Appointment Denied Due to Background- is There a Way to Appea
So rather than have his original record expunged, he is better to agree to a misdemeanor?
WHAT?
So rather than have his original record expunged, he is better to agree to a misdemeanor?
WHAT?
Re: Appointment Denied Due to Background- is There a Way to Appea
If expunged meant removed, then that would be a good option. That is not what it means.
If the conviction is switched to a misdemeanor, then he can honestly say he was not convicted of a felony. Insurance and securities ask the question in such a way that normally you can't answer this without saying yes.
Since this is not a problem that I normally with (as in NEVER), I defer to anyone with experience. Also, since I'm sure many carriers won't care if it is expunged, it might be best to leave it alone. It depends what you want to do.
Dan
If expunged meant removed, then that would be a good option. That is not what it means.
If the conviction is switched to a misdemeanor, then he can honestly say he was not convicted of a felony. Insurance and securities ask the question in such a way that normally you can't answer this without saying yes.
Since this is not a problem that I normally with (as in NEVER), I defer to anyone with experience. Also, since I'm sure many carriers won't care if it is expunged, it might be best to leave it alone. It depends what you want to do.
Dan
- 3,384
Re: Appointment Denied Due to Background- is There a Way to Appea
A good read..............
Expungement - Wikipedia, the free encyclopedia
A good read..............
Expungement - Wikipedia, the free encyclopedia
- 14,808
Re: Appointment Denied Due to Background- is There a Way to Appea
Call me a cynic but I don't believe in this day and age anything can be permanently erases. You have to know that government organization will NEVER allow the complete deletion of a criminal file.
I don't care what attorney or what judge tells someone that there's no more record. There's a record.
Call me a cynic but I don't believe in this day and age anything can be permanently erases. You have to know that government organization will NEVER allow the complete deletion of a criminal file.
I don't care what attorney or what judge tells someone that there's no more record. There's a record.
- 4,132
Re: Appointment Denied Due to Background- is There a Way to Appea
Here's the thing no one has mentioned. Just cause you apply to a company for licensing, it doesn't mean they have to take you.
No shirt, no shoes, no service.
We are all "at will" with carriers with 30 days notice or immediate with cause.
You can fight this, but it takes years and money.
And I hate to say cause I think weed should be legal and taxed like cigs and booze, but ya got caught and a button down industry like insurance isn't very understanding of the nuance between weed and other illegal drugs. Sorry man, this may not be an industry for you.
Here's the thing no one has mentioned. Just cause you apply to a company for licensing, it doesn't mean they have to take you.
No shirt, no shoes, no service.
We are all "at will" with carriers with 30 days notice or immediate with cause.
You can fight this, but it takes years and money.
And I hate to say cause I think weed should be legal and taxed like cigs and booze, but ya got caught and a button down industry like insurance isn't very understanding of the nuance between weed and other illegal drugs. Sorry man, this may not be an industry for you.
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Re: Appointment Denied Due to Background- is There a Way to Appea
"The petitioner then can honestly and legally answer to a question about their criminal history, with some exceptions, that they have not been convicted of that crime."
Guess you should have had your mouth shut.
"The petitioner then can honestly and legally answer to a question about their criminal history, with some exceptions, that they have not been convicted of that crime."
Guess you should have had your mouth shut.
Re: Appointment Denied Due to Background- is There a Way to Appea
Also FWIW in Florida a record being expunged will not clear it out of the database and can be found fairly easily. I do not knowjow it is where you are but if they asked and you said no, and they were able to find it easily, you then have much bigger problems on your hand.
Did they come out and say that's why they were denying you? Or did you just assume? If so how was it worded, I'm a little curious.
Also FWIW in Florida a record being expunged will not clear it out of the database and can be found fairly easily. I do not knowjow it is where you are but if they asked and you said no, and they were able to find it easily, you then have much bigger problems on your hand.
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Re: Appointment Denied Due to Background- is There a Way to Appea
Technically, you have been convicted of a felony!!! How can you answer "No" to that? It seems as if you're trying to get technical, and trying to beat around a question's true answer due to something that happened after you were convicted. Are you the type who might lie on an application for a client just so you can get paid? I'm not saying you would, but you should've just disclosed it and explained that it was expunged. A letter of explanation might have helped you out. Next time, ask your FMO or IMO about it before submitting the paperwork. They have seen all types of situations and might provide some useful insight.
Technically, you have been convicted of a felony!!! How can you answer "No" to that? It seems as if you're trying to get technical, and trying to beat around a question's true answer due to something that happened after you were convicted. Are you the type who might lie on an application for a client just so you can get paid? I'm not saying you would, but you should've just disclosed it and explained that it was expunged. A letter of explanation might have helped you out. Next time, ask your FMO or IMO about it before submitting the paperwork. They have seen all types of situations and might provide some useful insight.
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