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A little over two years ago I was arrested on marijuana charges. Since it was my first offense, I received a fine and an adjournment on contemplation of dismissal with the condition if I stayed out of trouble for six months there would be no criminal record. I applied for a county job recently and they said they were going to investigate my criminal record. It's been over two years. Why do I have a record?
You have to file the paperwork to actually dismiss the case. It's likely still on the books as a pending criminal case. You need to get a lawyer (perhaps a different one) to go back and clean this up. However, check to see if the county can consider arrests that have not resulted in convictions in hiring decisions. Some state laws allow employers to consider only convictions. Some states also allow dismissed or expunged crimes to be reported to governmental employers, whereas private employers would have been told that there was no record. It depends on how the statutes are written in your state. This is why you need to consult with an attorney experienced in drug cases and expungement.
The police in my neighborhood stop all black males they see on the street and search them. I think this is illegal and unconstitutional. Is there anything that can be done?
You can make sure that everyone knows about this practice, especially the media. You should also contact the various public action groups that concentrate on civil rights violations. If they attempt to search you object. Do it politely but loud enough to attract attention. Simply walking down the street does not give rise to legal grounds to search an individual, nor even what is known as a "Terry Stop". There must be reasonable suspicion of criminal activity to justify any type of search.
Some police approach individuals hoping to find something on them. Then they claim that because the individual acted funny they had to pat them down for their own protection, because he might have a weapon. If you are approached call attention to yourself allowing witnesses to observe whether or not the police have any reason to accost you in the first place. Remember, always object to any search and let people know you are objecting to the search. If you consent, you probably won't have a defense. Do not however, make the mistake of offering any physical resistence.
(Updated August 30, 2007) |
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