Quick court update

John Pierce · Feb 21, 2008

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LEO 229 wrote:

jack wrote:

Not True. I had a case once that was dismissed without a compelling reason. In fact it was quite obvious I was guilty as hell. ...... snipped.... When a prosecutorNolle pross a case it's is essentially dismissed. They can recharge you but it is extremely rare. The original charge is gone and will not appear in a criminal record check .

....SNIPPED!!

Click to expand...

May I ask.... where did you get your information on this?

I have bad news for you.....

It DOES stay on you record and I have seen it time and time again when I do criminal record checks. I provide this information as I get it first hand from the computer.

As you openly admitted.. you were guilty of the charge in your case but it was dropped.

This entry is useful for officers in the futureso they will know that it is not the first time you have been accused of such a charge.

I think you are both right but are using different terminology when you refer to "your record".

It will always be on your arrest record and will show that it was initially charged and subsequently Nolle Pros'ed. This is the info that LEOs can see on their in-car computer.

However, on a Criminal Background check which an employer, etc would run, it would not show up because they are looking for CONVICTIONS.

If you ever apply for a security clearance or admission to the Bar, etc, then they will look at charged offenses as well as convictions but so long as you are up-front about disclosing the fact that you have been charged, it is unlikely to have any impact on the process.

Pointman · Feb 21, 2008

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Dan, answering employment question # 42:

Have you been charged with or convicted of a felony? If yes, please explain: _________________

"Uh, excuse me. Could I have a few sheets of paper, an extra pencil, and a stapler?"

:lol:

danbus · Feb 21, 2008

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Pointman wrote:

Dan, answering employment question # 42:

Have you been charged with or convicted of a felony? If yes, please explain: _________________

"Uh, excuse me. Could I have a few sheets of paper, an extra pencil, and a stapler?"

:lol:

Don't have any felonies.

DeadCenter · Feb 21, 2008

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Pointman wrote:

Dan, answering employment question # 42:

Have you been charged with or convicted of a felony? If yes, please explain: _________________

"Uh, excuse me. Could I have a few sheets of paper, an extra pencil, and a stapler?"

:lol:

that wasn't nice.

Pointman · Feb 21, 2008

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Okay, let's all understand my comment isn't meant to be mean to Dan. (I also sent him a personal message on it.)

Pardoner · Feb 21, 2008

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However, on a Criminal Background check which an employer, etc would run, it would not show up because they are looking for CONVICTIONS.

If you ever apply for a security clearance or admission to the Bar, etc, then they will look at charged offenses as well as convictions but so long as you are up-front about disclosing the fact that you have been charged, it is unlikely to have any impact on the process.

Lets see the background check my employeer did for my current job about a year ago did indeed show ALL arrests. I most likely wouldn't be working there if I had any convictions.

glocknroll · Feb 21, 2008

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Pardoner wrote:

However, on a Criminal Background check which an employer, etc would run, it would not show up because they are looking for CONVICTIONS.

If you ever apply for a security clearance or admission to the Bar, etc, then they will look at charged offenses as well as convictions but so long as you are up-front about disclosing the fact that you have been charged, it is unlikely to have any impact on the process.

Lets see the background check my employeer did for my current job about a year ago did indeed show ALL arrests. I most likely wouldn't be working there if I had any convictions.

Have you considered petitioning for expungement? If you haven't been convicted, it is fairly easy to get those charges expunged from your record.

yankees98a · Feb 21, 2008

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What field do you work on that it shows all arrest?

It's not legal unless someone makes over a certain amount in finance or works in public safety.

les_aker · Feb 21, 2008

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yankees98a wrote:

What field do you work on that it shows all arrest?

It's not legal unless someone makes over a certain amount in finance or works in public safety.

SF-86 Question 23 for anyone seeking a security clearance:

YOUR POLICE RECORD

For this item, report information regardless of whether the record in your case has been “sealed” or otherwise stricken from the court
record. The single exception to this requirement is for certain convictions under the Federal Controlled Substances Act for which the
court issued an expungement order under the authority of 21 U.S.C. 844 or 18 U.S.C. 3607.

Have you ever been charged with or convicted of any felony offense? (Include those under Uniform Code of Military Justice)

Have you ever been charged with or convicted of a firearms or explosives offense?

Are there currently any charges pending against you for any criminal offense?

Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs?

In the last 7 years, have you been subject to court martial or other disciplinary proceedings under the Uniform Code of Military Justice?

(Include non-judicial, Captain’s mast, etc.)

In the last 7 years, have you been arrested for, charged with, or convicted of any offense(s) not listed in response to a, b, c, d, or e above? (Leave out traffic fines of less than $150 unless the violation was alcohol or drug related.)

glocknroll · Feb 21, 2008

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yankees98a wrote:

What field do you work on that it shows all arrest?

It's not legal unless someone makes over a certain amount in finance or works in public safety.

You can research court records in Virginia online.

http://www.courts.state.va.us

Expungement: state code19.2-392.2

You may not be able to find all arrest records, because a statewide search isn't possible online. What most background checks will do is check the courts in the areas you list as former addresses.

Sleepless · Feb 21, 2008

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Pointman wrote:

Dan, answering employment question # 42:

Have you been charged with or convicted of a felony? If yes, please explain: _________________

"Uh, excuse me. Could I have a few sheets of paper, an extra pencil, and a stapler?"

:lol:

Ehh you forgot a large size eraser too.

Pardoner · Feb 24, 2008

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yankees98a wrote:

What field do you work on that it shows all arrest?

It's not legal unless someone makes over a certain amount in finance or works in public safety.

I work for my local cable company. They all showed, but they didn't care because they were all dismissed (gotta love the old armed security days).

Plus I do not recall any application that has EVER asked if I had been charged with a Felony (other than the military). They have all asked for a conviction.

bohdi · Feb 25, 2008

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Pointman - you ought to write the disclaimers for drug companies, lol.

Pointman · Apr 2, 2008

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So Dan, what's the update?

LEO 229 · Apr 2, 2008

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Pointman wrote:

So Dan, what's the update?

Dismissed!!

Read about it here.

http://opencarry.mywowbb.com/forum54/9358.html

kurtmax_0 · Apr 2, 2008

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I will say from "unspecified sources" that many employers in more professional fields will not consider applicants that have had any arrests. Even if no convictions.

Yes, it's illegal to do that, but who's gonna catch them?

LEO 229 · Apr 2, 2008

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Not saying anything about Dan... But there are times when people are guilty of the charge and a successful conviction could not be obtained in court.

Some people are going to view that ANYONE arrested MUST HAVE DONE IT.... or they would not have been arrested.

There are people who have NEVER been arrested or gone to court... If I had my choice.. I am going to pick the guy who has never been arrested over the other guy. At least the guy never arrested has been smart enough to avoidproblems or so smart that he has never been caught committing a crime.

So even dismissed charges can hurt your employment prospects.

nitrovic · Apr 2, 2008

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ChinChin wrote:

Doug Huffman wrote:

ChinChin wrote:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial"

I question this courts definition of "speedy."

Click to expand...

http://en.wikipedia.org/wiki/Speedy_trial

Only federal jurisdictions are effectively bound by speedy trial requirements. Cases are often kept in local jurisdiction to allow for better more lengthy development that feds aren't allowed.

The case of a meth chemist in my old neighborhood hadn't been adjudicated when I moved away five years later. He still lived in the neighborhood, harassed the old ladies and caused me to frequently keep a marked unit parked in front of my residence and to OC discretely off my curtilage for the old ladies' benefit and his.

Click to expand...

Doesn't change the fact that *I* question it.

I've seen many local cases get dismissed due to speed trial. It's not just for feds.

I don't think you will be convicted of the obstructing if you go to court based on your side of the story. However, I probably would have done the same thing if I was the officer. It's a close call. We still haven't learned what the officer was doing at the scene (I know you say they were there to harrass black kids. Very doubtful). They may have been called there by a citizen to check out suspicious subjects, or a number of other scenarios. Although I think it was a bad decision on you part to go to the scene and disrupt the officers (and I think based on your story you did it with a chip on your shoulder and ready to create a scene, hence the line about the harrassing the black kids comment) I think the obstruction charge won't stick. I wouldn't let them drop it, it will be on your record. Go to trial and be found not-guilty.

Sleepless · Apr 2, 2008

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kurtmax_0 wrote:

I will say from "unspecified sources" that many employers in more professional fields will not consider applicants that have had any arrests. Even if no convictions.

Yes, it's illegal to do that, but who's gonna catch them?

How would it be if you had arrests in another country before you moved to the US but never any convictions, because my lawyers told me that when I am asked if I had ever been arrested or had any convictions here in Canada then I should answer in the negative.

nitrovic · Apr 2, 2008

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peter nap wrote:

It's not over yet. I doubt the officer is coming back and it is curious that he left when he did.

Ay any rate I expect the Commonwealth will try to Noll Pross the case instead of dismissing it. This is where having a lawyer would pay off. You will need to insist that the Commonwealth either produce the witness, or Dismiss the charge.

Unless the Commonwealth had a good excuse, you should have insisted on the dismissal this past date.

Noll Pross is better than a poke in the eye with a sharp stick...but it ain't absolution!

Now after a year, they won't be able to bring it back up....but it will still appear that the Commonwealth was letting you off with a warning.

One of the members brought up the statute of limitations in Virginia at the last VCDL meeting. He said that there is no statute of limitation in Va. This isn't correct.

In misdemeanors the limitation is generally a year.
One notable exception is petit larceny. That is 5 years. In the BMWAG case, I'm pretty sure it is a year.

Foster vs Commonwealth Case number o50510 January 13, 2006
Supreme Court
of Va

Exactly right.

Quick court update

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