It looks like you're using an Ad Blocker.

Please white-list or disable AboveTopSecret.com in your ad-blocking tool.

Thank you.

 

Some features of ATS will be disabled while you continue to use an ad-blocker.

 

Starting today, I can finally say I've never been arrested.

page: 2
7
<< 1   >>

log in

join
share:

posted on Sep, 5 2015 @ 04:34 AM
link   

originally posted by: Shiloh7
a reply to: johnwick

Ok, I take your point, but are you sure you have never done anything wrong regarding the law?

How about speeding, you never broke the speed limit in your life? Are you 100% truthful on your tax return. Have you every jaywalked, Licenced your car or tv whatever late, taken more change from a cashier without pointing out their error? I could go on and on with examples of where virtually everyone breaks the law even unintentionally.

Now some people, would say they have been booked for trivial things, perhaps you are lucky or very very good - I don't know but you seem awfully black and white and surely a petty crime committed by a young person shouldn't reflect a criminal tendency throughout their entire life? To err is human remember



I agree, but I'm not the one that is glad they can now lie about their past, because a legal loop hole covers it up.

I have not committed any criminal acts, sure I speed, that is not criminal, sure I have gotten back more than the correct change, once again not criminal, sure I have Jay walked, once again not criminal.

You starting to see a pattern here?

I don't commit criminal offenses, therefore no criminal history period, no arrests, no charges, no convictions.

And yes, I do think I should know if someone has shown clear criminal behavior in their past because that also shows their obvious tendency to commit criminal acts in the future as well.

It is a known fact, most people don't change.

I play the odds.

Chances are you still exhibit the exact same behavior that got you in trouble, but now you are just smarter about it.

Which is not the same at all, as just not doing said criminal behavior in the first place.




posted on Sep, 5 2015 @ 04:40 AM
link   
a reply to: Vector99




Seeing as this isn't a known subject to many, it would be wise for all to check up on state statutes for expungement in your state. It could save your kids a LOT of hassle for doing something stupid.


I definitely agree with this. Even if it's for something minor, it could still be a tremendous help in the long run.




My felony will never go away under current AZ law. Had I been caught a few years later with some pot, it would not only not be a felony, but not even a criminal charge at all.


One thing I've never really understood is that when new laws are passed (generally, but not in all cases), in this case the lowering of the severity of possession, the old criminal records are grandfathered in and treated at the same severity as they were before the new, less severe laws come into effect. It seems like a kick in the face. Hopefully things change over there in AZ. I know it rarely happens but there's still hope.



posted on Sep, 5 2015 @ 04:40 AM
link   

originally posted by: ADAMandEVIL
a reply to: buni11687

Could your record have any future effect on international travel?
If it still exists, as in, hasn't been pardoned, I'd look into that.


I'm fairly sure you have to actually of had a conviction recorded, to be refused from traveling to most countries, rather than just arrested and charged.

At least, I've always been of the understanding that I can still travel to the US (for example), even though they'll refuse you entry if you have even a minor drug conviction. Since although I've been arrested and charged for minor cannabis offences several times, I've never actually been convicted.



posted on Sep, 5 2015 @ 04:46 AM
link   
a reply to: johnwick
And if the charges shouldn't be criminal charges in the first place?

too many laws in this country convict on a criminal level when the offense really isn't criminal.

So is it really lying when you say you haven't committed a crime when your conviction shouldn't be a criminal charge in the first place?

private prisons come to mind here and the corruption involved with the elected officials making laws to fill them, and judges sentencing harsher than normal punishments to keep them filled.

In fact there is a thread currently being discussed about that very issue.



posted on Sep, 5 2015 @ 04:51 AM
link   

originally posted by: buni11687
a reply to: Vector99




Seeing as this isn't a known subject to many, it would be wise for all to check up on state statutes for expungement in your state. It could save your kids a LOT of hassle for doing something stupid.



One thing I've never really understood is that when new laws are passed (generally, but not in all cases), in this case the lowering of the severity of possession, the old criminal records are grandfathered in and treated at the same severity as they were before the new, less severe laws come into effect. It seems like a kick in the face. Hopefully things change over there in AZ. I know it rarely happens but there's still hope.


I appreciate it, and there are many routes for business savvy folks like myself despite the conviction. For a long while it was a hinderance, now it's just an annoyance.

And yea, imagine sitting in jail right now for possession of marijuana in Colorado
linky
edit on 5-9-2015 by Vector99 because: typo



posted on Sep, 5 2015 @ 04:51 AM
link   

originally posted by: Vector99
a reply to: johnwick
And if the charges shouldn't be criminal charges in the first place?

too many laws in this country convict on a criminal level when the offense really isn't criminal.

So is it really lying when you say you haven't committed a crime when your conviction shouldn't be a criminal charge in the first place?

private prisons come to mind here and the corruption involved with the elected officials making laws to fill them, and judges sentencing harsher than normal punishments to keep them filled.

In fact there is a thread currently being discussed about that very issue.


I agree with you, there should not be a victimless crime " the law was the victim " is idiocy incarnate.

So what it was some #ing pot..... How stupid you got a felony for that, it is legal in some places for #s sake!!


The war on drugs has caused way more harm than good to society, it should have ended long ago!!
edit on 5-9-2015 by johnwick because: (no reason given)



posted on Sep, 5 2015 @ 04:57 AM
link   
a reply to: johnwick

Exactly. Portugal comes to mind. While some misconceive that drugs are legal in Portugal, they actually are not. But they just are not also illegal on any punishable level. So basically illegal but no punishment for any drugs other than confiscation. It's worked for them.



posted on Sep, 5 2015 @ 07:31 AM
link   
a reply to: buni11687


Well, I have been dealing with something that happened back in 2006 when I was still a teenager.

What is "sealed" from the public eye is your juvenile record. Once you turn eighteen, you are considered an adult, and given a 'new lease' on life by having what you did as a "child" sealed from public view. Its kind of ceremonial, wiping the slate as it were, so your chances of landing a job as an adult aren't affected by anything you might have done as a "rash" teenager.

Because everyone was rash at one time or another…

The sealing thing is only cosmetic, your record is still there. If you get into trouble as an adult, (happened to me) they will dig it out of "records", so sealing is at best a feel good for your benefit.

As long as you remain clean and don't break anymore of the thousands of laws out there, you can say to any employer, you haven't been arrested (as an adult). Thats what I was told anyway, back when.

In my day it was humorous, they granted an interview where you paid a fee and then followed an advocate down the steps to the basement where a thousand file cabinets were, placing your file in one of those cabinets. They weren't locked, neither was the stairway leading down there.

Nowadays its probably on a server, somewhere.



posted on Sep, 5 2015 @ 09:11 AM
link   
a reply to: buni11687

Truuuue...but...everyone and anyone, prospective employer or not...will STILL be told you have a non-disclosable file....meaning....you have one for....something....whereas for example I don't, but you still will have one...and that can be enough of a negative for any new employment.

Still...congrats and good luck to you....I with you there!!



MS



posted on Sep, 5 2015 @ 10:07 AM
link   

originally posted by: johnwick
a reply to: buni11687

But you do obviously, you just admitted you do.

So you are happy you can lie, and use a legal loop hole to see it look like you are telling the truth?

Hey, I have never been arrested and have no criminal history.

I don't even have to add qualifiers, I'm actually being totally honest, because I truly have none.

You see the difference?

Integrity dude.....

Way to judge people from a safe distance lol



posted on Sep, 5 2015 @ 01:06 PM
link   
a reply to: buni11687



Happens automatically after 7 years or so here if your a juvenile.

according to my last court appearance, Im a clean skin. whicn I am sure would make all the coppers from the 80s spew. hahah sucked in walloper, you and your restraining order from the city


*ahem*

well done, I think..



posted on Sep, 5 2015 @ 03:09 PM
link   
a reply to: buni11687

Yeah, I got tricked by the old deferred adjudication probation and it will disappear if you complete it trick. The city of Denton is pretty good at stuff like that. Even tried to revoke after nine years and 8/2 months on a 10 year sentence. Over $430 in fees that I still had two months to pay. Then of course I find out it cannot even be expunged so I'm stuck. So I may be able to go the route you did chances of it being granted are slim to none. Congratulations on your fresh start though that's awesome!

As a side, did you see the news about our dear police force,found a backpack at 7-11 on Teasley and took it behind the building and using explosives to detonate it, apparently in the open, because a thong and other panties ended up wedged into the wall of the store?! They think it is a bomb so they blow it up in public?! We should feel safe Buni.. Hahaha!
edit on 5-9-2015 by wastedown because: Grammar Nazi Evasion

edit on 5-9-2015 by wastedown because: (no reason given)



posted on Sep, 5 2015 @ 11:30 PM
link   

originally posted by: wastedown
a reply to: buni11687

Yeah, I got tricked by the old deferred adjudication probation and it will disappear if you complete it trick. The city of Denton is pretty good at stuff like that. Even tried to revoke after nine years and 8/2 months on a 10 year sentence. Over $430 in fees that I still had two months to pay. Then of course I find out it cannot even be expunged so I'm stuck. So I may be able to go the route you did chances of it being granted are slim to none. Congratulations on your fresh start though that's awesome!

As a side, did you see the news about our dear police force,found a backpack at 7-11 on Teasley and took it behind the building and using explosives to detonate it, apparently in the open, because a thong and other panties ended up wedged into the wall of the store?! They think it is a bomb so they blow it up in public?! We should feel safe Buni.. Hahaha!


I thought the same when this whole situation happened to me back in 2006. Both the attorney and court said the record is "essentially" gone after completing deferred. I should have studied the law a bit more back then. Even though all of this happened in Denton, it's still probably my favorite city in North Texas. As for the attempt to revoke because of fees, I've had a few friends that had the same thing happen to them because of a hundred or two of fees in the county. They never got revoked, so they still were considered as successfully completing deferred when the time came.

If you do go for a non-disclosure, it gets somewhat pricey and takes awhile. I think the average rate is a little over $1000, depending on which attorney you hire. You might get a discount if you hire your original one. (That's what I did). You could try to do it all by yourself but the legal system is a bit messy and Im not sure I would recommend it. I wish there were some stats for the amount of non-disclosures granted so you could get a general idea of what the odds are if you try to go for one, but I dont think there's any stats out there, at least publicly available. I didn't have to appear in court at all for the judge to grant mine but every now and then (lawyer told me this in regards to others that have tried to get a non disclosure) they'll ask for your presence in the court before deciding what to do. If they do ask for you to appear, you'll have your chance to tell the judge how much better you have been doing since completing deferred. Just in case, I did have a pretty good preparation to tell the judge if they did want me to appear. One degree (well, it's an associates but it's better than nothing I guess), working towards a bachelors at UNT, currently employed at the same place for 4 years, etc....

I saw that story on the news. My first thought was it must have been a college student, probably got super drunk on Fry St. and left it there. Whenever weird things happen in Denton, I generally assume it started out because someone was really drunk on Fry St.

ETA- Did you know that a couple years ago there was a proposition that authorized the governer to grant pardons for those that complete deferred? It passed with somewhere near 60% of the population voting yes. Have to wait 10 years after completing deferred to ask for it though.
edit on 5-9-2015 by buni11687 because: (no reason given)



posted on Sep, 6 2015 @ 11:11 AM
link   
a reply to: buni11687

Additionally...you cannot say you we're never arrested....you we're...and can't lie about it.....what you have is the right to say.... "I have a clear expunged file".

But you can't lie about being arrested....that will keep you from getting hired when they ck and find you we're...even though they can't be told Why you we're arrested...

Being less than truthful is not good if an employer cks and finds a sealed or expunged one. You lied.



posted on Sep, 6 2015 @ 01:56 PM
link   
a reply to: mysterioustranger




But you can't lie about being arrested....that will keep you from getting hired when they ck and find you we're


www.statutes.legis.state.tx.us...


2) "Criminal history record information" means information collected about a person by a criminal justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, and other formal criminal charges and their dispositions.



(g-2) A person whose criminal history record information has been sealed under this section is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of an order issued under this section.



posted on Sep, 10 2015 @ 11:13 AM
link   
a reply to: buni11687

A lot of things about my case were off a bit. It was a sealed indictment that didn't have a name on it until they arrested my friend and put my face to it. Long story short I was with him so I was guilty of the same charge, even though I delivered nothing. They offered me the same plea as many violent offenders 5 years in the pen. Grease the right palm and get10 years deferred and a big fine the next day.
During those 10 years I was given 1 ua drug screening and it was a drug charge?! I moved all over Texas and my probation stayed in Denton, including the same Probation Officer for the whole time, I mailed my reports for the last 6years, not one face to face visit in 6 years along with never once visiting my home or jobs. She had my info and could have called me, but no let's file a motion to adjudicate, let's nullify almost 10 years over a few bucks that wasn't even due yet. A 1500$ retainer tomy Attorney and it all goes away with a single 2minute phone call, that occurred while I was in the room 1500$ in his hand the phone in the other. The friend got 30 years all together and was finished with his parole before I finished my Probation.

Though deferred is not all they make it seem, it was in my benefit. I was enlisted in the national Guard and it was not affected at all. I was able to get my Paramedic Licence while on felonyprobation also, only because it was deferred. If you check my record on the Denton County Sheriff's website it is all there for the world to see, to include the motion to adjudicate guilt, with no explanation other than it was dismissed.

The way they took it easy on me, maybe I could get Nondisclosure filed, with enough money that is.

I agree even though our Cops don't play, I love Denton and will always call it my home, though I wasn't born here, it has earned that place in my heart. It is a tragedy what they have done to Fry St. Yet there is surprise that it just moved the squatters to the Square. I guess the kids still drink around Fry, but moving the bars to the Square has brought a lot of coolness to downtown. I wonder if any other Texas towns have a tattoo shop across the street from the Courthouse.


Anyways, thanks for the advice Buni! Dentonites Unite! Hahaha




top topics



 
7
<< 1   >>

log in

join