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Halman posted:Well, after an hour on the phone I've got an appointment with the local legal aid people(since I am a poor) about getting it expunged and a few employment law firms down in the twin cities have scheduled phone consultations. At least if nothing else comes of it, I'm on the road to getting it expunged so it won't be an issue in the future. Nice work. If only all posters were like you.
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Jun 30, 2014 23:12
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IANAL, but would it be possible Halman has an FCRA based claim against the background check agency for reporting inaccurate information?
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Jun 30, 2014 23:52
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Halman posted:I've just had an offer of employment retracted because their background check agency reported a case that had been dismissed as having been a conviction against me. I have written documentation from both the agency and my former potential employer. I'm wondering if I have any recourse at all and where I'd start, I'm in Minnesota if that matters. Note that Minnesota has quite a few more protections re: employment and criminal law than most states, so you may have more recourse than in most states.
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Jul 1, 2014 00:50
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nm posted:Note that Minnesota has quite a few more protections re: employment and criminal law than most states, so you may have more recourse than in most states. I'm a legal aid attorney and I recently gave a presentation on expunctions to a poor community. I had lots of questions about how to get a conviction expunged. In texan, almost nothing qualifies for an expunction. Hot Dog Day #91 fucked around with this message at 01:45 on Jul 1, 2014 |
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Jul 1, 2014 01:20
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Halman posted:I've just had an offer of employment retracted because their background check agency reported a case that had been dismissed as having been a conviction against me. I have written documentation from both the agency and my former potential employer. I'm wondering if I have any recourse at all and where I'd start, I'm in Minnesota if that matters. Just out of curiosity, was it dismissed on the spot, or on terms to be dismissed if you complete a probationary period? I had something very similar happen where I was charged with X (bad charge) and they would reduce it to Y (not such a big deal) if I plead guilty. I plead guilty and got some fines and a year of unsupervised probation with the usual "don't get in any legal trouble" stipulation. There was also a 5 year additional probation of "don't do this exact crime again". Four years later, I had a background check done for a job and it popped up with the original bad charge. Turns out, it was on my record as the original bad charge and would be reduced at the completion of my 5 year secondary probation.
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Jul 1, 2014 03:31
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It was filed as a continuance for dismissal with a 6 month period and I had to pay the court fees, but it was permanently filed as dismissed a while ago so there was no post-dismissal probationary period still in effect or anything, I made sure to ask when I was on the phone with the courthouse this afternoon. Honestly it was kind of funny, the woman I spoke to at the courthouse about it sounded like she was as angry it had happened as I was. Re: Expungement, my short chat with the legal aid people they said it should be relatively easy to get expunged, since I can prove it was the reason my offer of employment was rescinded. I'd say there are times I'm glad I live in Minnesota, but I'm glad I live here at all times that it isn't say... -30 degrees out. Halman fucked around with this message at 04:12 on Jul 1, 2014 |
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Jul 1, 2014 04:09
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Halman posted:It was filed as a continuance for dismissal with a 6 month period and I had to pay the court fees, but it was permanently filed as dismissed a while ago so there was no post-dismissal probationary period still in effect or anything, I made sure to ask when I was on the phone with the courthouse this afternoon. Honestly it was kind of funny, the woman I spoke to at the courthouse about it sounded like she was as angry it had happened as I was. There are two types of those pleas in Minnesota. One is a pre-plea diversion. The other is a DEJ, which is post plea (though a guilty verdict is never entered). The pre-plea should be pretty easy, but the post-plea requires some court action, which sometimes doesn't happen right. Judges in arraignment departments can play a little fast and loose with these and it can be hard to figure out what you had. I'm inactive in MN, but I used to do criminal law there.
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Jul 1, 2014 04:19
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Hot Dog Day #91 posted:I'm a legal aid attorney and I recently gave a presentation on expunctions to a poor community. I had lots of questions about how to get a conviction expunged. In texan, almost nothing qualifies for an expunction. My understanding is that here it's basically only if you can show that there was no probable cause for the charge in the first place, right? And also if you were a minor, maybe? Of course I guess you could always ask for a pardon from the Governor.
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Jul 1, 2014 05:48
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blarzgh posted:My understanding is that here it's basically only if you can show that there was no probable cause for the charge in the first place, right? And also if you were a minor, maybe? 1. PC1000. Drug diversion. You enter a guilty plea, but it is never entered (so you ae never found guilty). If you do what they say, automatic dismissal. Some counties also have DEJs, which work like this for non-drug offenses. 2. 1203.4. Basically, if you complete probation successfully, your plea is withdrawn and a not guilty is entered. Then the case is dismissed. If it is what we call a "wobbler," (can be charged as a felony or misdo), it is reduced to a misdemeanor. If you had no violations and did everything, you are basically entitled to it. Prop 36 is similar. This avoids most, but not all consequences. 3. Pardon. No one gets these, but it relieves you of all penalties. (except you may still have to register as a sex offender, I'm not sure). 4. Factual innocence, which is the closest to this. If you prove there was no PC to have to arrested, you are found factually innocent. This is almost always triggered by a dismissal, not a guilty verdict, but has some value in DNA cases. Almost never granted except in cases where you basically show that someone used your name. It is really cool when it happens. All agencies, police, DA, DOJ are ordered to mark all records "exonerated" and then shred it. Yes, they have to do the first part even if it is being shredded, I guess so even if someone put it back together they'd know you are innocent.
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Jul 1, 2014 05:57
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nm posted:Now Texas is probably hosed up, We aren't really big fans of criminals.
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Jul 1, 2014 15:13
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blarzgh posted:My understanding is that here it's basically only if you can show that there was no probable cause for the charge in the first place, right? And also if you were a minor, maybe? Yeah, if the grand jury no bills you can get an expunction. My counties da office is too busy fending off civil rights suits to ever actually contest one though.
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Jul 1, 2014 23:40
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Halman posted:I've just had an offer of employment retracted because their background check agency reported a case that had been dismissed as having been a conviction against me. I have written documentation from both the agency and my former potential employer. I'm wondering if I have any recourse at all and where I'd start, I'm in Minnesota if that matters. Did you speak to the employer and present what you had? They went through all the trouble of making an offer, maybe they will work with you on the job. I'm not a lawyer, but I do work in HR.
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Jul 2, 2014 00:25
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I am looking for a little advice or insight from an accident I was involved in on Friday June 27th I was harassed by someone suffering from severe road rage for about five miles. After tailgating me for some time he swerved around me and was screaming out of the window at me while swerving his Nissan Xterra at my Subaru Legacy. He was throwing things out of his window at me as well. When I got onto the highway enterance ramp he swerved across two lanes and stopped in front of me, blocking the whole ramp, and threw his door open, then got out of car. When he stormed towards my car I drove around the drivers side of his car and his door was wide open and I hit it. I was charged with "Failure to maintain control of vehicle" and he was charged with "Vehicle improperly stopped on Highway." The gentleman has five tickets on his record, including "following too closely" not even six days before the accident. Also, failure to obey highway sign and operating unlicensed vehicle. He made up an astronomical lie to the police officers, stating his vehicle stalled and he thought it was on fire and that's why he got out. Thanks so much in advance! 
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Jul 2, 2014 18:58
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Bojanglesworth posted:I am looking for a little advice or insight from an accident I was involved in on Friday June 27th IANAL but sounds like it is all he said she said. Call your insurance company, given that they're paying they will know if it is something you can defend against, because if it is, they will. Generally states have a pretty clear policy regarding fault. He may get charged with something, but you still hit a parked vehicle man, your probably on the hook for the damages via your insurance. No part of him being a maniac means you HAD to hit his car door.
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Jul 2, 2014 19:03
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Bojanglesworth posted:I am looking for a little advice or insight from an accident I was involved in on Friday June 27th I'm not sure what's your question or what jurisdiction you're in, but you included way too much identifying information.
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Jul 2, 2014 19:04
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jassi007 posted:IANAL but sounds like it is all he said she said. Call your insurance company, given that they're paying they will know if it is something you can defend against, because if it is, they will. Generally states have a pretty clear policy regarding fault. He may get charged with something, but you still hit a parked vehicle man, your probably on the hook for the damages via your insurance. No part of him being a maniac means you HAD to hit his car door. I did hit a parked vehicle, which he parked in the middle of an exit ramp to prevent me from getting away. The accident is being investigated by both of our insurances at this point. He was given a ticket as well, so his insurance is paying for his vehicle, and my insurance for my mine. Unless I can prove this is a case of road rage it looks like that's as far as it will get. My real question is, is it even worth getting an attorney to fight the ticket? My attorney advised me that the cost/benefit may make it not even worth it. Edit: I am in Virginia
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Jul 2, 2014 19:13
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This sounds like, hypothetically, one of those cases where having a dash cam would have been fuckin' hypothetically AWESOME.
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Jul 2, 2014 19:15
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Bad Munki posted:This sounds like, hypothetically, one of those cases where having a dash cam would have been fuckin' hypothetically AWESOME. All I could think the whole time.
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Jul 2, 2014 19:19
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Bojanglesworth posted:I did hit a parked vehicle, which he parked in the middle of an exit ramp to prevent me from getting away. The accident is being investigated by both of our insurances at this point. He was given a ticket as well, so his insurance is paying for his vehicle, and my insurance for my mine. Unless I can prove this is a case of road rage it looks like that's as far as it will get. So you consulted a local attorney who is more familiar with local laws, and they told you it probably isn't worth it. What do you expect here?
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Jul 2, 2014 19:23
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jassi007 posted:So you consulted a local attorney who is more familiar with local laws, and they told you it probably isn't worth it. What do you expect here? Just came for a snarky comment, looks like my work here is done! Thanks!
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Jul 2, 2014 19:24
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Bojanglesworth posted:Just came for a snarky comment, looks like my work here is done! Thanks! Way to roll with the punches, good job!
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Jul 2, 2014 19:25
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Bojanglesworth posted:Just came for a snarky comment, looks like my work here is done! Thanks! Man this lawyerin' stuff is easy, I don't see why you real lawyers had to go to school for 7 years.
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Jul 2, 2014 19:37
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Follow the advice of a local traffic attorney, maybe get a second opinion. The risk I see is that even though he's a nutcase, you could theoretically face worse charges for driving the car around him when he was out. I'm not saying you did anything wrong, but there's a risk involved. If you have a relatively clean driving record, and haven't done driving school within 5 years, you can ask the judge to allow you to complete driving school. If allowed, you spend a saturday watching gym class driving videos, and the charge is dismissed when you submit the certificate of completion. It's a tradeoff of cost/time versus the insurance hit. [I dunno if your charge qualifies for driving school, and I ain't googling it, but that's my first thought] woozle wuzzle fucked around with this message at 22:20 on Jul 2, 2014 |
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Jul 2, 2014 21:41
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woozle wuzzle posted:Follow the advice of a local traffic attorney, maybe get a second opinion. Assuming he's in fairfax county (which he probably is!), they don't allow you to take driving school to get out of it, and you can't speak to the prosecutor without an attorney. Or so I recall, vaguely, from when I had deal with them. It's a racket. My parked car got hit in a Virginia DMV yesterday. gently caress Virginia. I (think?) the question is less about how bojangles gets out of the ticket, and more about whether he can get some more outta the crazy guy. I suspect the answer to that is no.
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Jul 2, 2014 23:38
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So "I was trying to get away from the loving crazy guy making threatening gestures/noises after literally throwing poo poo at me" isn't an effective defense?
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Jul 3, 2014 00:56
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Hypothetically, if he had run his rear end over and claimed he saw him pull a gun and he was afraid for his life, would this have resulted in a better likely outcome?
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Jul 3, 2014 01:08
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Javid posted:So "I was trying to get away from the loving crazy guy making threatening gestures/noises after literally throwing poo poo at me" isn't an effective defense? Explain how a man on foot can hurt you in a car if he doesn't have a firearm. Go. If you think someone is going to assault you on a freeway you A. drive around him and hit his parked car B. call the police on your cell phone. C. kill him with your car. CASTLE DOCTRINE!
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Jul 3, 2014 01:09
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baquerd posted:Hypothetically, if he had run his rear end over and claimed he saw him pull a gun and he was afraid for his life, would this have resulted in a better likely outcome? The outcome would be great until they don't find a gun and charge his rear end with manslaughter.
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Jul 3, 2014 01:11
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the milk machine posted:The outcome would be great until they don't find a gun and charge his rear end with manslaughter. I don't want to stir up a hornet's nest, but I know cops have no problem with this claim - simple double standard in effect here?
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Jul 3, 2014 01:13
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Dunno man, ask the cop thread. Lying about a gun after killing someone with your vehicle is a spectacularly bad idea.
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Jul 3, 2014 01:24
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jassi007 posted:Explain how a man on foot can hurt you in a car if he doesn't have a firearm. Go. If you think someone is going to assault you on a freeway you I think you will find that question convincingly answered in the infamous Toyota Industries v. K. Masters
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Jul 3, 2014 01:42
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jassi007 posted:Explain how a man on foot can hurt you in a car if he doesn't have a firearm. Go. If you think someone is going to assault you on a freeway you By using a tire iron, baseball bat, emergency glass breaker, or any other similar item?
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Jul 3, 2014 01:53
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Ashcans posted:I think you will find that question convincingly answered in the infamous Toyota Industries v. K. Masters You got me so good.  Bravo.
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Jul 3, 2014 01:54
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jassi007 posted:Explain how a man on foot can hurt you in a car if he doesn't have a firearm. Go. If you think someone is going to assault you on a freeway you I am not sure if you are making fun of him or not, but I saw two of those as my options. I drove around him and since his door was open I accidentally hit it. In my opinion it shouldn't have been open regardless of whether he was about to kill me or not. Unfortunately the cops didn't care about my opinion and gave me a ticket. I called 911 immediately after hitting his car and explained exactly what happened. I should also mention that I absolutely love my car, I just spent over eight thousand dollars getting it painted not even a year ago. I would never damage that car unless I was legitimately frightened for what some nutcase was going to do. I also had a firearm on me and I believe that going around him and getting away from him was my best option.
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Jul 3, 2014 02:10
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Zauper posted:Assuming he's in fairfax county (which he probably is!), they don't allow you to take driving school to get out of it, and you can't speak to the prosecutor without an attorney. Or so I recall, vaguely, from when I had deal with them. Yeah, every county is like a foreign nation in VA. Each does their own stupid thing. Driving school is statutorily available, but application is wildly divergent.
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Jul 3, 2014 02:25
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baquerd posted:I don't want to stir up a hornet's nest, but I know cops have no problem with this claim - simple double standard in effect here? Hi! This is a really stupid thing to post. Also, I recommend that nobody yell at people on the highway, or hit their cars.
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Jul 3, 2014 05:57
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Yeah I seriously want a dash cam now, front and rear. I was in Laguna Beach the other day and this guy in a Bimmer SUV was loving assaulting his steering wheel as he yelled at me (it was a 45, I was going 48 in the right-hand lane, that was apparently too slowly). He looked like a baby upset about spilled creamed corn or something and I wish I'd taken a picture. Here's a lawyerly question, though, would a dash cam be admissible? I assume there's the whole "It's in public, no expectation of privacy" thing and that would apply, right?
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Jul 3, 2014 16:37
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Pretty sure that one is VERY heavily affected by jurisdiction.
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Jul 3, 2014 16:39
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pathetic little tramp posted:Yeah I seriously want a dash cam now, front and rear. I was in Laguna Beach the other day and this guy in a Bimmer SUV was loving assaulting his steering wheel as he yelled at me (it was a 45, I was going 48 in the right-hand lane, that was apparently too slowly). He looked like a baby upset about spilled creamed corn or something and I wish I'd taken a picture. Generally, yes.
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Jul 3, 2014 17:06
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My grandfather, who is legally deaf, is trying to resolve an issue with his credit card company. The only way they will deal with this issue is over the phone, and they refuse to discuss the issue with his wife unless they receive a legal document giving her power of attorney. They don't have a TTY line or any other kind of accommodation that will allow him to discuss the issue, and he is uncomfortable discussing credit card information over a third-party relay service (which he would have to arrange himself.) Does my grandfather have a case against the credit card company for failing to provide reasonable accommodation? Edit: He lives in MO. Konstantin fucked around with this message at 18:54 on Jul 3, 2014 |
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Jul 3, 2014 18:49
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