Driving record

Discussion in 'Questions From New Drivers' started by stnkytrckr, Jul 14, 2013.

  1. 900,000-tons-of-steel

    900,000-tons-of-steel Road Train Member

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    I had a misdemeanor from when I was 18 years old expunged. I had to go in front of a judge about seven years later (as a material witness to a federal case) and the judge asked me, under oath, if I had a criminal record. I replied (verbatim), "Your honor, I had an issue when I was a teenager but had it expunged and was told by my attorney at the time I can legally say I have no criminal record." I was floored when the judge replied, "Yes, I see that." So expunging isn't all it's cracked up to be.
     
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  3. stnkytrckr

    stnkytrckr Bobtail Member

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    Yes judges can see it. But your attorney was right. You are allowed by law to say that you never had a record. And any database that a employer can check won't have that information.Thats why you can say that and it's the whole point of an expungement. I'm positive it's not there anymore. I looked it up myself with the help of a lady at the courthouse. They have a computer you can go on and look up anybodys record. All you need is their name and address. I looked my record up when I first started my expungement to get all the docket numbers and charges and then went back after I was done and it was all gone! This will be the same database that an employer will look at. Like I said, even a cop can't see it. The only people that can see it are judges and I believe it's the state police that still have a record of it. If you apply for a job in law enforcement you must tell them that you have an expunged record. But that is the only 2 ways it can be seen. An employer will never have access to those databases and if anyone gives them access it's punishable by law.
     
  4. TruckerPete1990

    TruckerPete1990 Road Train Member

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    Ur employer can see you have an expungment on your record. It just won't show what for.
     
  5. stnkytrckr

    stnkytrckr Bobtail Member

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    They can't see it. Absolutely nothing shows up on my record. It is wiped completely clean. I'm positive of that. I've even looked at the computer screen myself. When my name is ran the only thing that shows is a bill I didn't pay about 5 years ago and they took me to court. Thats it. There is nit even any record of the expungement. Unless you are a judge or state police you can not see an expungement. Thats the whole point if it. If they could still see it you might as well just leave it on there.
     
  6. Ridgeline

    Ridgeline Road Train Member

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    Ah wrong.

    A good investigator can find things out, even supposedly sealed records.

    Your record is part of public information, no matter who says what, there is a court case or an adjudication of some sort from the original ticket so it is out there. Your records don't get destroyed, they maybe sealed but that does not mean gone or inaccessible. When there are issues with other cases, there is a limit to what info a court or police can use but that's about it, there is no limit to what others can see in many cases.

    However as you think you can sue, you can't, it is hard to prove who saw what and when or where the source is, and an employer does not have to give you a reason why they passed on you for employment. They have the right to refuse to employ anyone for any reason within reason like a criminal background.
     
  7. Noggin

    Noggin Road Train Member

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    it's always "someone" that leaves it. heheheh
     
  8. stnkytrckr

    stnkytrckr Bobtail Member

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    I agree it would be hard to find out who turned over your record and sue them. But lets get real. How many trucking companies do you know of that hire a private investigator that is going to go to those lengths to get information from sealed documents? Especially when it is illegal for the people who keep those records to give that information out. Of course it could be done and someone could find it. But almost every trucking company uses hirerite to do their background checks.

    I just filled out papers with swift a few days ago for hirerite to do my background check. I didn't sign any papers allowing another private investagator to do a seperate background check. It specifically said hirerite would be doing it. And if I'm not mistaken under the fair credit reporting act I must give them authorization to do a background check on me. I did but it specifically said that hirerite would be the company doing it. Do you think hirerite has vigilante private investigators with connections in the court system that are willing to risk their job and possibly a law suit to give out information from a sealed file. Or is the reality that a person sitting at their nice comfortable desk at hirerite will tap into the public database at the courthouse that is set up to not show sealed records? The way that the court system set it up to be.

    Why would the court system tell you that by law you can say you were never charged with a crime if their systems were still set up to give out that information. You people arent making much sense. I just tried to find my own record after it was expunged and even brought a cop friend in to try and find it. And neither of us could find any record of it. I would have to try pretty hard to find it and I'm not even sure I could. Sure it's still there. But there are only certain situations where it can be seen. And im pretty sure most trucking companies don't have the resources to go that far into it. And most wouldn't waste their time or the chance of a lawsuit to do so.If they did I guarrantee most of the truckers out there wouldn't be driving a truck. Have you looked at some of your fellow truckers? You can't tell me that they all are 100% honest upstanding citizens that never had a record expunged and then found a job. Or even worse yet lied to a trucking company! !


    You guys are giving the most extreme examples and you are right it can happen and my record can be found. But the reality is hirerite will do a basic background check and nothing will come up. And it's also reality that most of the people that get sent home for omiting something don't know what is on thier record or do know but wish to believe they can sneak something that is blatantly written right in their record. Then they try to play dumb. I know what is in my record and what they will see. It says nothing about my criminal record. The only thing any of my records say is failure to make court ordered payments. That could be for a lot of things. Even child support.

    Considering that they are in the process of doing a background check right now I should have first hand proof of that soon. If something about my criminal record comes up I will come back and tell you that you were all right. Trucking companies do have a magic ball and can even see sealed court documents. I have a feeling I won't have to do that but for the good of other people with expunged records I will eat my words and tell everybody they were right.

    So now the wait is on!!!
     
  9. 900,000-tons-of-steel

    900,000-tons-of-steel Road Train Member

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    Dig this. In my county an expunged record shows up as any other case history providing your full name, court date, judge who presided over the case and case number. The only things it doesn't show is the charge and disposition. Under this column it says "No Case on File." However, most people checking these documents know what means. Take the case number and judge's name, call the county courthouse and they can usually tell you merely by the sequence of the numbers and judges' name if it was a felony or misdemeanor. A prospective employer can always ask, "What happened back on such-and-such date?" since the date shows. Expunged doesn't always mean invisible to the public ... at least not completely.
     
  10. stnkytrckr

    stnkytrckr Bobtail Member

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    In my county it's not there anymore. Maybe it's different in different states but like I said about 20 times before I have personally looked my record up on 2 different computer systems, one at the courthouse and one at the police station. All that they showed was my name and a statement that said no records found. Except for the courthouse and that showed a bill I didn't pay before and they took me to court for it. .

    Maybe it's different in different states. I believe you. I just know what my record says. Like I said, I will know for sure in a few days when swift gets done checking me out. I will let you guys know. I have to say I hope you are wrong because it was a big hastle for nothing to get it expunged if it still shows up. It would be pretty stupid of the judge to tell me that I could put myself down as never being arrested if it did.

    I do know in some states that your record csnnot be expunged. And even in my state certain things cannot be expunged. Maybe thats where the difference lies. In the states we live in.
     
  11. stnkytrckr

    stnkytrckr Bobtail Member

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    The funny part of this whole conversation is that when I was in the process of getting my record expunged I was looking for infirmation online. I found a bunch of information online and people telling me stuff in forums that was completely wrong. I was all freaked out and called the expungement clerk up with all the things I heard. She just laughed and told me that i need to stop listening to people on the internet that knew nothing about my case. And she asked me how long these people have been practicing law. She turned out to be right. But yet here I am again doing the same thing again! Lol
     
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