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NEED TO GET misdemeanors off my az record to get a JOB!

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August 4, 2011


help

Embarassed My apologies for this long-winded post but I'm at my wits end trying to obtain employment due to my past criminal history of misdemeanor shoplifting.  I was terminated from my longstanding healthcare employment of 9 years (with an exemplary history) after being denied an AZ fingerprint clearance card.  In 2001 when first hired by this employer, I was initially denied a fingerprint clearance but I successfully appealed & eventually obtained clearance.  However, years later, I was denied once again on this last application and after a lengthy appeal process, I was ordered to attend an administrative hearing before a law judge 100+ miles from my city and residence on the matter.  Mind you I could not afford legal representation as I'm a single mother and the sole supporter of our household and so unfortunately I was completely unprepared to represent my case in all that would be asked of me.  The hearing contained only myself and a female administrative law judge.  She asked for detailed accountings of all of my past offenses of quite some time ago, specific dates, explanations in my own words of each one, etc.  Because I had previously submitted my written detailed accountings to the board before the hearing, I had none of my records, thinking I wouldn't need them and like a moron  Confused I became very confused and flustered.  At one point even asking for some water (which she had)  but she ignored me, if you can believe it (I couldn't) Frown Undoubtedly, one of the most traumatic experiences of my life (and believe me, I've had many).  So, I was denied a fingerprint clearance based on her interpretation of my inconsistencies during this hearing.   It didn't matter to her that I was a single mother and that my employment would be directly affected by her decision. Cry I have been on unemployment since, going on 2 years now.  I have no monetary resources to obtain legal counsel in clearing my record, so this too, I am now attempting on my own since I can't find employment with these past offenses hanging over my head.  I filed individual APPLICATIONS AND ORDERS TO SET ASIDE JUDGMENT ACCUSATION & PENALTIES on my multiple past misdemeanor shoplifting (offenses 13-1805) & (1) DV case (offense 13-1203.1)  and received back the following responses in a post-it note attached to each offense by (I'm guessing the clerk of the court? There was no title or name attached):

NOTE:  Text noted in blue in [brackets] are my responses.

Case #1 (DV case (offense 13-1203.1/plead no contest 1/98) Clerk of the court mailed back w/post-it note "you owe the court $1020 and DV counseling." 
[Court was to have suspended fine on successful completion of DV program compliance submitted which I completed but court records show proof of DV counseling record was never submitted -Should I now submit a copy of my DV counseling completion attached to another form JP165/Application & order to set aside judgment accusation & penalties?]

Case #2 (Shoplifting 13-1805/acquitted) Clerk of the court notes "You were acquitted, no judgment to set aside." 
[Problem is this still shows in public records and anyone can see it including future employers!  Hello?] Confused   

Case #3 & 4 (Shoplifting 13-1805) Clerk of the court notes "Case dismissed no judgment to set aside."
[Same problem as case #2!  Hello?] Confused

Case #4, 5, 6, 7 (Shoplifting 13-1805) Clerk of court notes "Account in collection for fines owed to the court, $270, $920, $195, $36.50" 
[Some of these fines were listed in personal bankruptcy protection & subsequentely discharged, and some were collected out of my AZ state income tax, but one of them the $920 fine I can't pay!  What can I do?  Otherwise the conditions of all of the sentences were met!  Is there some kind of an indigent form I can file regarding these debts not being able to be collected when I have no money to pay them thereby preventing me from getting these misdemeanor convictions set aside so I can get a JOB! Yell I'm so CONFUSED & LOST!  Can somebody…anybody HELP ME? The courts won't!  They look at me like I'm a MORON!  I realize I did very stupid things in my past, but how am I to move on when I'm still being punished for it?  OMG!  Can anyone advise me what I can do and need to file? 

August 5, 2011


Mathew Higbee, Esq

1.  Yes.

2.   You might be eligible to apply for record sealing.

3.  You might be eligible to apply for record sealing.

 

4.  Show proof of discharge in BK to the court… though, I am not sure if you can discharge court fines.    As far as the $920, that is going to be tough.  You might ask a judge to reduce it, but I don't think it is likely to happen.

When can you reapply for a the clearance?

Founding Attorney – RecordGone.com

August 16, 2011


help

Record sealing and setting aside are 2 different processes and forms?
What form do I use to apply for record sealing?

August 22, 2011


Mathew Higbee, Esq

I am not aware of a form for record sealing.  We use a formal motion (a blend of case law, statutory law, facts and argument).

Founding Attorney – RecordGone.com

October 21, 2011


Shawn Lawrence

Mathew Higbee, Esq said:

I am not aware of a form for record sealing.  We use a formal motion (a blend of case law, statutory law, facts and argument).


 

Regarding Record Sealing, would this effectively clear background check data regarding the offense that was sealed?

October 26, 2011


Mathew Higbee, Esq

I don't know what you mean by background check data.  If granted, a record sealing would order data stored at the arresting agency, court and AZ Department of Public Safety to be sealed and kept from public view.  Thereafter, it should not appear on background checks.

 

Did that answer your question?

Founding Attorney – RecordGone.com

March 11, 2012


Olliebuba

In Arizona you can request to have your record set aside only.  Although they consider this expungement, it actually is not for employment background checks .  As a result, you will still have to report a criminal conviction on your employment application.  There are some states that don't allow background checks to be conducted for 7 to 10 years or greater, but AZ is not one of them.  My husband has also been terminated for a misdemeanor traffic violation from 1996.  He is currently on unemployment and having difficulty finding a job.  The State of Arizona needs to change its expungement laws or implement restrictions on the length of time companies can request background information.  Individuals who have paid their debt to society should not have to be punished for the rest of their lives for a stupid mistake they made years ago.  If our politicians don't want to fix and recognize the issue, I say keep collecting your unemployment, state assisted medical, food stamps and cash assistance.  If they really want to get people off the government payroll, then maybe they should enact a change in our laws.  Write to your legislators to let them know about this issue.

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NEED TO GET misdemeanors off my az record to get a JOB!

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